T^'O' 




V 



PATENTS 



LAW and PRACTICE 



CONTENTS* 

PAGES 

D^cst of United States Law and Practice. ... 4 to 27 

D^est of Practice in Foreign Countries 28 to 4$ 

Schedule of Charges — United States 3 to 4 

Schedule of Charges — Foreign Patents 37 to 43 

Index, United States Patents , . . . 47 

Index, Foreign Patents 48 



WILLIAM E. RICHARDS 

Counsellor at Law 

Patent and Trade Mark Causes 



OSCAR A. CEIER. 

Mechanical and Electrical Engineer 
Registered Patent Attorney 



RICHARDS & CEIER 

PATENTS— TRADE MARKS 

277 Broadway New York, N. Y. 



Telephone Worth 5255 



Cable Address "Richatty, Newyork" 



Copyright 1919 by William E. Richards 



PATENTS 



LAW and PRACTICE 



CONTENTS* 

PAGES 

Digest of United States Law and Practice .... 4 to 27 

Digest of Practice in Foreign Countries 28 to 46 

Schedule of Charges — United States 3 to 4 

Schedule of Charges — Foreign Patents 37 to 43 

Index, United States Patents 47 

Index, Foreign Patents 4& 



WILLIAM E. RICHARDS OSCAR A. GEIER, 

Counsellor at Law Mechanical and Electrical Engineer 

Patent and Trade Mark Causes Registered Patent Attorney 

RICHARDS & GEIER 

PATENTS — TRADE MARKS 

277 Broadway New York, N. Y. 

Telephone Worth 5255 Cable Address "Richatty, Newyork" 



Copyright 1919 by William E. Richards 



\3 



5^ 



^^ 



NOTICE. 

This little booklet is not intended to be exhaustive in anyparticular. 
It is designed to serve as a convenient handbook, presenting in con- 
cise form for ready reference the features most necessary to be 
available to lawyers, manufacturers and inventors to enable them to 
readily understand the leading points of the law and practice on this 
important subject matter, and to take the necessary steps to secure 
protection for this class of property. 

For fuller information reference should be had to the Patent Law, 
the Rules of Practice of the United States Patent Office, the decisions 
of the United States Courts in patent matters, and the various text 
books upon the subject, which are usually to be found in most law 
and public libraries. 

I am always glad to furnish correspondents with more complete 
and precise information upon any specific questions either of law or 

practice, and with respect to any country or countries. 

« 

' ) -WILLIAM E. RICHARDS. 
New York, October i, 1919. 



NOV -4 1919 



©CI.A5JJ6 48 7 



SCHEDULE OF CHARGES. 

United States. 

Terms : All charges are payable in advance, cash with order, un- 
less otherwise specified or agreed upon. 



Preliminary Examinations (searches of prior U. S. patents) 

from $10.00 up. 
Validity Searches: (see page 24). 



Applications for Patents. 

A fixed rate of cost cannot be given, as all charges must be based 
upon the amount and character of the work involved. Difficult and 
complicated cases are necessarily subject to special rates of charge. 

The following charges are for ordinary cases only, which require 
but one sheet of drawings and usual specifications and claims. Addi- 
tional sheets of simple drawings, when required, will be charged for at 
$10 per sheet. 

The charges include the complete preparation and filing of the 
drawings, specifications and other necessary papers and the payment 
of the governmental filing fee in connection therewith. 

The charges do not include the cost of preparing and filing necessary 
amendments during the prosecution of the case; cost of references 
cited by the examiner ; changes in or additions to drawings ; appeals ; 
interferences ; or the payment of the final fee of $20 to the government. 
All charges will be fair and reasonable for the services rendered, and 
can be subject to agreement in advance of the work being done if 
desired. 

Patents. Ordinary cases, one sheet of drawings $75-00 

Reissue of Patent. Ordinary cases, one sheet of drawings. . 100.00 

Design Patent. For 3^ years 40.00 

Design Patent. For 7 years 45.00 

Design Patent. For 14 years 60.00 

Amendments, necessary amendments, according to work in- 
volved from $5.00 up 

One-half of the charge for applications may be paid when giving 
the order for the work, the balance being payable upon the return of 
the signed papers for filing in the Patent Office. Other fees are paya- 
ble when the work is ordered. 

3 



Appeals to Examiners in Chief from $50.00 

Appeals from Examiners in Chief to the Commissioner. . .from 75.00 

Appeals (pro forma) Petitions to Commissioner from 25.00 

Appeals from Commissioner to Court of Appeals of the District of 
Columbia (Subject to special agreement.) 

( As these involve more or less protracted proceedings 
Interferences, j respectively, before the Examiner of Interferences or 
Infringements. \ ^^ Court, charges cannot be named in advance, but 

\ will be subject to agreement in each case. 

Assignments, Licenses, etc. 

Preparing and recording, if 300 words or less $5.00 

Preparing and recording, if over 300 and under 1,000 words. 7.50 
Preparing and recording, if 1,000 words or over 12.50 

Disclaimers, preparing and filing from $25.00 

Copies of Patents, if in print, each .10 

Photoprints of foreign patents, per sheet .25 

Photoprints of publications, per sheet .25 

PATENTS. 

The Law. 

The issue of patents to inventors, to secure to them the exclusive 
right to their discoveries for a limited time, is authorized in Art. i. 
Sec. 8, of the Constitution of the United States. 

The main body of the statute law regarding patents is found in the 
Revised Statutes, Title LX, Sees. 4883 to 4936 inclusive ; Title XI, 
Sees. 475 to 496, deals with the establishment of the Patent Office and 
the powers and duties of the officers and employees thereof. 

The jurisdiction of the United States Courts in patent matters is 
defined in various sections of the Revised Statutes, and in a number of 
special enactments, which may be found in the compilation of the 
Patent Laws, furnished upon request, without charge, by the Patent 
Office. 

In this connection it is important to remember that the meaning 
of the letter of the law in patent matters is determined by the decisions 
of the United States Courts, and these should be examined whenever 
any question of law is being carefully considered. 



DIGEST OF LAW AND PRACTICE. 

Who May Obtain Patent. 

The Inventor: Anyone, male or female, citizen or alien, (except a 
slave, or a member of the Patent Office force durihg his or her term of 
employment), may obtain a patent for his or her invention or dis- 
covery. 

Joint Inventors: May apply for and obtain a joint patent, but 
neither one alone may obtain a valid patent for a joint invention. 

Insane Person: An application may be made by, and the patent 
will be issued to, the legally appointed guardian, conservator, or repre- 
sentative, for the invention of an insane person. 

Deceased Inventor: A patent may be obtained by the executor 

or administrator of a deceased inventor. 

Assignees: While all applications for patents must be made and 
signed by the actual inventor, if alive, the patent will be issued jointly 
to the inventor and his assignee of an undivided interest, or, in the 
name of the assignee of the entire interest, if proper request therefor 
is made. 

What May Be Patented. 

Subject Matter: Any new and useful invention or discovery re- 
lating to : 

1. An art, including a new and useful process. 

2. A machine. 

3. A manufacture, such as a new article of manufacture. 

4. A composition of matter. 

5. Any new and useful improvement in any one of the four pre- 
ceding subject matters. 

Novelty Required: To be patentable the invention or discovery 
must not have been known or used by others in this country, or pat- 
ented or described in any printed publication in this or any foreign 
country, before the applicant's invention or discovery thereof; must 
not have been in public use or on sale for more than two years prior 
to the filing of the application for patent thereof; must not have been 
abandoned ; and must not have been patented in any foreign country 
on an application filed by the inventor or his legal representatives or 
assigns more than twelve months prior to his application for patent in 
this country. 

But the fact that the invention or discovery or any part thereof, 
had been known or used in any foreign country prior to the filing of 
the application for patent in this country, will not bar the issue of a 
patent thereon if it appear that the inventor, at the time of making his 
application, believed himself to be the first inventor or discoverer 
thereof, and the invention or discovery had not been before patented 
or described in any printed publication. 

Utility Necessary: While no special degree of utility is pre- 
scribed, the invention must be useful and operative. 

5 



Date and Term of Patent. 

The patent dates from the date of its issue, and its term is seven- 
teen years, counting* from such date. 

Preliminary Examinations as to Novelty. 

Object: These comprise a search in records of the Patent Office, 
of prior United States patents, to determine, as nearly as possible, 
whether an invention is new and patentable. To be of any value such 
searches must be carefully and thoroughly made. We usually charge 
from $10 to $25, according to the work involved, and have the searches 
made by experienced persons, whose work is reliable and generally 
satisfactory. 

Time Required : Usually about one week is necessary to make a 
careful search and forward a report with copies of the patents, if any 
are found, which wholly or partially anticipate the invention. 

Requisites: .In order that a satisfactory search may be made, a 
model or sample, photograph, blue prints, or clear sketch, showing the 
invention and its construction, tog'ether with a description of the same, 
its objects, operation and advantages, should be supplied. 

Application for Patent. 

A Complete Application for patent comprises the following : 

1. A petition, with power of attorney, if one is appointed, signed 
by the inventor with his full name. 

2. A specification, signed by the inventor. 

3. An oath, signed by the inventor before a notary public, or some 
person authorized by law to administer an oath, who must affix his 
official seal; should the latter have no seal his official character must 
be established by competent evidence, as by a certificate from a clerk 
of a court of record or other proper officer having a seal. (In foreign 
countries the oath had best be made before a diplomatic or consular 
officer of the United States, but may be made before a notary public, 
judge, or magistrate, having an official seal, and authorized to ad- 
minister oaths in such country, whose authority shall be proved by a 
certificate of a diplomatic or consular officer of the United States). 

4. A drawing on bristol board, in India ink, signed by the inventor 
or his attorney. The rules as to drawings are very technical and 
numerous. 

5. The filing fee of $15.00. 

The Specification: This should contain a full description of- the 
invention, and of the manner or process of making, constructing or 
compounding, and using it, in such full, clear, concise, and exact terms 
as to enable any person skilled in the art or science to which it apper- 
tains, or with which it is most nearly connected, to make, construct, or 
compound, and to use the same. 

In case of a machine, the principle must be explained, and the 
best mode in which it is contemplated to apply that principle, so as 
to distinguish it from other inventions ; and the part, improvement, or 
construction which is claimed as the invention or discovery must be 

6 



particularly pointed ont and distinctly claimed. Also the exact con- 
struction and operation of every essential part, and of the machine as a 
whole, must be clearly set forth. 

If the invention relates to an art or process it should be described 
step by step, as well as the operation as a whole. 

If it relates to a composition of matter it must enumerate all the 
different materials entering into such composition, the proportions of 
each, the manner of combining them, and the essential qualities of the 
resulting composition. 

"Persons skilled in the art," are those of ordinary and fair infor- 
mation, not of special excellence. 

Absolute precision is not required, but a failure to describe an 
essential element voids the patent, and it should be remembered that 
false suggestions in a material part of the specification, or concealment 
by which a patentee obtains an advantage over the public, if wilful, 
voids the patent. 

The Claims — Their Importance : The office of the claims is to 
define the exact limits of the invention, and the invention pat- 
ented is the invention set forth in the claims — nothing more. 
The patentee is bound by his claims, and these will not be en- 
larged by reference to the specifications. Failure to claim described 
matter dedicates it to the public use. 

A claim covers all known equivalents suitable for use for the same 
purpose. 

Alternative claims are not allowable, and a claim for a function 
or ''mode of operation" is invalid. The claim for a machine or ap- 
paratus should be drawn to cover its construction, not its mode of 
operation, or the result produced. 

Only one invention can be claimed in a single application, the 
general rule being that every art or instrument complete in itself, and 
capable of separate use, constitutes a distinct invention, and should 
form the subject matter of a separate application for patent. 

A process and its product cannot be claimed in a single application 
unless the one is dependent and inseparable from the other; neithei 
can a machine and its product, an art and its apparatus, be so claimed 
if they are capable of use separately. A manufacture must be claimed 
as a new product, and independently of the process of making it. 

The Drawing: This must show every feature of the invention 
claimed ; if the invention relates to an improvement on an old machine 
it must exhibit in one or more views the improvement itself discon- 
nected from the old structure, and in another view so much only of 
the old structure as will suffice to show the connection of the invention 
therewith. 

PROCEDURE IN THE PATENT OFFICE. 

Filing of Applications: An application is complete when all the 
documents required, in proper form, together with the filing fee of $15, 
are received at the Patent Office. It is then given its filing date and 
consecutive serial number, and an official receipt is issued therefor. 
An incomplete application will not be placed upon the files for exami- 

7 



nation : the application must be completed and prepared for examina- 
tion within one year unless it is shown to the satisfaction of the 
Commissioner that the delay was unavoidable. 

Privileged Applications : The following applications have prefer- 
ence over all others at every period of the examination, in the order 
stated : 

1. Applications wherein the inventions are deemed of peculiar im- 
portance to some branch of the public service, and when for that 
reason the head of some department of the Government requests im- 
mediate action and the Commissioner so orders. 

2. Applications for reissues. 

3. Cases remanded by an appellate tribunal for further action, and 
statements of grounds of decisions in appeals. 

4. Applications which appear to interfere with other applications 
previously considered and found to be allowable, or which it is de- 
manded shall be placed in interference with an unexpired patent or 
patents. 

5. Applications which have been renewed or revived, but the sub- 
ject matter not changed. 

6. Applications filed more than twelve months after the filing of 
an application for the same invention in a foreign country. 

Order of Examination: Applications are classified according to 
the various arts, and sent to the different divisions in the office where 
they are taken up for examination in regular order of filing, those in 
the same class being examined and disposed of, so far as practicable, 
in the order in which they have been completed. 

Applications will not be advanced for examination excepting upon 
order of the Commissioner either to expedite the business of the office 
or upon a verified showing that delay will probably cause the appli- 
cant serious and irreparable injury. 

The Examination: Applications are examined as to form and 
merits. Where the specifications and claims are such that the invention 
may be readily understood the examination will be directed through- 
out to the merits, and only in cases where patentable subject matter 
is found, and in appeal cases, will corrections in matter of form be first 
insisted upon, but such corrections must be made before final allow- 
ance of patent. 

Examiners are required to make a thorough investigation of the 
prior art to which the invention belongs to determine whether the in- 
vention is new and useful, and patentable. These examinations are 
usually conducted with thoroughness. Prior patents in the class to 
which the invention belongs, and those in other classes where there is 
a possibility that there may be any analogy, are carefully compared 
with the pending application. Prior patents of other countries, and 
printed publications accessible to the examiner are also subject to ex- 
amination. The result of the examination is communicated to the 
applicant, and in the great majority of cases consists of a rejection, or 
partial rejection of the claims as presented, with reasons therefor, and 
such information and reference to prior patents or publications as will 
be useful to the applicant in the further prosecution of the application. 

Such a rejection is not a definite and final refusal to grant a pat- 



ent. The examination is made with more particular reference to what 
is claimed than what is shown in the application, and while the inven- 
tion itself may be entirely new and useful, and therefore patentable, 
the examiner may properly reject the claims for the reason that they 
are so worded that they read -upon old and well known devices as well 
as they do upon the applicant's invention, and require amendment so 
that they will distinguish the applicant's invention from such devices. 

Applicant's Right to Amend:. The applicant has the right to 
amend his specifications and claims either before or after the first 
rejection or action; and he may amend as often as the examiner pre- 
sents new references or reasons for rejection. He must point out all 
the patentable novelty which he thinks the case presents in view of 
the state of the art disclosed by the references cited or the objections 
made, and show how the amendments avoid such references or ob- 
jections. 

Amendments after notice of allowance of patent are not permitted ' 
as a matter of right, but may be made, if the specification has not been 
printed, on the recommendation of the primary examiner, approved by 
the Commissioner, without withdrawing the case from issue. 

New Matter Not Admitted: All amendments of the drawings or 
specifications, and all additions thereto, must conform to at least one 
of them as it was at the time of the filing of the application. Matter 
not found in either, involving a departure from the original invention, 
cannot be added to the application even though supported by a supple- 
mental oath, and can be shown or claimed only in a separate appli- 
cation. 

Division of Applications: Two or more independent inventions 
cannot be claimed in one application, but where several distinct inven- 
tions are dependent upon each other and materially contribute to 
produce a single result they may be claimed in one application. 

Whether a division is necessary is a question that the Patent 
Office alone can decide. If the independence of the inventions be 
clear, division must be made before there will be any action upon the 
merits ; otherwise it may be made at any time before final action, in the 
discretion of the examiner. 

In making a division the inventor is required to limit the descrip- 
tion, drawing and claims of the pending application to whichever in- 
vention he may elect to prosecute. He may file new and separate 
applications for the subject matter eliminated. 

After a final requirement of division, the applicant may elect to 
prosecute one group of claims, retaining the remaining claims in the 
case with the privilege of appealing from the requirement of division 
after final action on the group of claims prosecuted. 

Models or Specimens : These are not required, nor will they be 
admitted as a part of the application, except when required by the 
examiner as necessary or useful. When so required models should be 
neatly and substantially made of durable material, metal prefered, 
and must clearly exhibit every feature of the invention claimed, but 
should not include other matter unless it be necessary to the exhibition 
of the invention in a working model. 

Where specimens are required, the applicant should furnish speci- 
mens of the composition, and of its ingredients sufficient in quantity 

9 



for the purpose of experiment, and where the article is not perishable, 
with a specimen of the composition claimed put up in proper form to 
be preserved by the Patent Office. 

Final Action — Allowance or Rejection: The object of amend- 
ments is, of course, to correct errors in the specifications and drawings, 
and to limit the claims to the precise features of novelty contained in 
the invention. Such an amendment having been filed the examiner 
continues his examinations. He may find and cite new references, or 
objections, and additional amendments may be required to overcome 
them. 

The examination of an application may therefore involve from one 
to a dozen or more letters by the examiner, and the filing of as many 
amendments. 

Upon completion of the examination, final action is taken either 
by an allowance of the application, in which case an official notice ';f 
allowance is sent to the applicant, or the examiner finally rejects the 
claims or a part thereof. The applicant has the right to appeal from 
a decision of final rejection. (See Appeals). 

If the applicant does not desire to appeal he may cancel the claims 
rejected and accept those allowed. 

A rejection is not final until the examiner has twice rejected the 
same claim upon the same references or same state of facts. 

Payment of Final Fee. — Issue of Patent: A final fee of $20 is 
payable to the government within six months, counting from the date 
of allowance. 

The patent is issued on the third Tuesday after the first Thurs- 
day following the receipt of the final fee at the Patent Office. 

As before stated, the patent is granted for a term of seventeen 
years, counting from the date of issue. 

Renewal of Forfeited Applications : Whenever a patent has been 
withheld by reason of the nonpayment of the final fee, any person, 
whether inventor or assignee, who has an interest in the invention for 
which the patent was allowed, may file a renewal of the application at 
any time within two years after the date of the allowance of the 
original application. 

The renewed application bears date from the date of renewal, and 
is subject to examination like an original application. The question of 
abandonment will be considered as a question of fact. 

The application papers of the original application may be used, 
but a new fee is required. It is usual for such applications to be 
quickly allowed. 

The Question of Abandonment. — Applications: x\n application 
must be completed and prepared for examination within one year, and 
in default thereof, or upon failure to duly prosecute the same within 
one year after any action thereon by the Patent Office, of which notice 
has been mailed to the inventor or his agent, the application will be 
regarded as abandoned, unless it shall be shown to the satisfaction of 
the Commissioner that such delay was unavoidable. An inventor may 
also formally abandon an application by notice duly given to the 
Commissioner. 

10 



When a new application is filed in place of an abandoned applica- 
tion, a new petition, specification, oath, and fee is required, but the old 
drawing, if suitable, may be used upon the filing of suitable permanent 
photographic copies thereof. 

An abandonment of an application does not of itself constitute 
an abandonment of the invention. 

Of Invention: An invention once abandoned to the public can 
never be recalled by the inventor. The intention to abandon need not 
be expressed in words ; it is a question of fact, and of intention, not of 
law. A jury has the right to infer an abandonment from the inventor's 
acquiescence in the use of the invention by others ; his neglect to assert 
his claims by suit or otherwise; his neglect to make efforts to realize 
any personal advantage ; and similar circumstances. 

INTERFERENCES. 

Defined — Their Object: An interference is a proceeding insti- 
tuted in the Patent Ofiice for the purpose of determining the priority 
of the inventive act between two or more parties claiming substan- 
tially the same patentable invention. The intent of the law is that a 
patent shall be granted to the first and original inventor, and in an 
interference proceeding the sole question is that of the priority of the 
inventive act. 

Where there are rival claimants for the same invention it becomes 
the duty of the Patent Office to ascertain which of the claimants is the 
true and first inventor. To determine this a judicial proceeding is 
instituted in the course of which each of the several parties is given 
full opportunity to present his claims, and take testimony in support 
thereof, and to hear the evidence given in behalf of his opponents with 
full right of cross-examining the appearing witnesses. 

In What Cases Declared: Interference will be declared in the 
following cases, when such application or applications and patents 
contain claims for substantially the same invention which are allow- 
able in all of the applications involved : 

(a) Between two or more pending applications (by different 
parties, whether for patent or for reissue. 

(b) Between applications for patent, or for reissue, and unexpired 
original or reissued patents, of different parties. But where the filing 
date of any applicant is subsequent to the filing date of any patentee, 
the applicant is required to file an affidavit that he made the invention 
before the filing date of the patentee. 

The fact that one of the parties has already obtained a patent will 
not prevent an interference, for, although the Commissioner has no 
power to cancel a patent, he may grant another patent for the same 
invention to a person who proves to be the prior inventor. 

Preparation of Cases: All preliminary questions must be settled; 
the issue clearly defined; the invention, the subject matter of the con- 
troversy, decided to be patentable; and the claims put in such condi- 
tion that they will not require alteration after the interference has 
been decided, unless the evidence adduced upon the trial shall necessi- 
tate or justify such change. 

11 



Failure to Prepare — Penalty: When the claims of two or more 
applications differ in phraseology, but relate to substantially the same 
subject matter, the examiner, when one of the applications is ready 
for allowance, will suggest such claims as are necessary to cover the 
common invention in substantially the same language, and require 
the parties to make such claims and put the applications in condition 
for allowance within a specified time so that an interference may be 
declared. 

If any applicant fails to make such claims within the time specified, 
such failure will be taken as a disclaimer of the invention covered by 
the claims. If a party makes the claims without putting his applica- 
tion in condition for allowance, the declaration of interference will not 
be delayed, but, after final judgment, the application of that party will 
be held for revision and restriction. 

Declaration of Interference : This is made by the examiner of in- 
terferences who forwards formal notices thereof to each of the parties 
concerned, fixing a time within which preliminary statements must be 
filed. 

Preliminary Motions and Actions : If a party requires a postpon- 
ment of the time for filing his preliminary statement he may present a 
motion, duly served on the other parties, setting forth his reasons 
therefor, supported by affidavit ; such motion, if possible, should be 
made prior to the day previously set. The examiner of interferences 
may, in his discretion, extend the time on ex parte request or upon 
his own motion. 

Where only a part of an invention is involved in the interference 
the applicant may file certified copies of the part or parts of the speci- 
fication, claims and drawings which cover the interfering matter, and 
such copies may be used in the proceeding in place of the original 
application. 

When a part only of an application is in interference, the applicant 
may withdraw the non-interfering part and file a new application there- 
for, or may file a divisional application for the same if the invention 
can be properly divided. 

An applicant may also, with the written consent of the assignee, 
if any, file a signed disclaimer of the invention of the particular matter 
in issue in order to avoid the continuance of the interference. 

The Preliminary Statements: .Each of the parties is required to 
file a statement, under oath, on or before a date fixed by the Patent 
Office, showing the following facts : 

If the invention was made in the United States the statement 
must set forth : 

(a) The date of his original conception of the invention. 

(b) The dates upon which the first drawing and the first written 
description of the invention were made. 

(c) The date upon which the invention was first disclosed to 
others. 

(d) The date upon which the invention was reduced to practice. 

(e) A statement showing the extent of use. 

(f) The date and number of any application for the same inven- 
tion filed within twelve months before the filing date in the United 

12 



States, in any foreign country adhering to the International Conven- 
tion for the Protection of Industrial Property or having similar treaty 
relations with the United States. 

If either a drawing or a written description has not been made, or 
if the invention has not been reduced to practice, disclosed to others, 
or used to any extent, the statement must particularly disclose these 
facts. 

Where the invention was made abroad the statement must set 
forth : 

(a) That the applicant made the invention the subject matter of 
the interference. 

(b) Whether or not the invention was ever patented ; if so, when 
and where, the number and date of each patent, the date of publication, 
and the date of sealing thereof. 

(c) Whether or not the invention was ever described in a printed 
publication, and if so when and where, giving title, place and date. 

(d) When the invention was introduced into the United States, 
giving dates and the circumstances connected therewith. 

Preliminary statements must be carefully prepared as the parties 
will be strictly held in their proofs to the dates set up therein. 

Presumption as to Invention — Burden of Proof : Parties to an in- 
terference will be presumed to have made the invention in the chrono- 
logical order in which they filed their completed applications, and the 
burden of proof rests upon the party seeking to establish a different 
state of facts. 

Failure to File Statement — Penalty: Testimony will not be re- 
ceived from a party who fails to file a statement, to prove that he made 
the invention at a date prior to the date of his application, but he will 
be restricted to his record date. 

Inspection of Statement and Files : After the preliminary state- 
ments have been filed and approved, the parties are permitted to see 
or obtain copies of each other's file wrappers, and so much of their 
contents as relates to the interference. 

Preliminary statements may be inspected by opposing parties 
when all have been filed, or the time for filing, with extension, if any, 
has expired, and the statements approved. A party in default in filing 
may not inspect his opponent's statements until he has either filed his 
statement, or waived his right thereto and agreed to stand upon his 
record date. 

A party who alleges no date in his statement earlier than the filing 
date of the application or applications of the other parties cannot have 
inspection of their preliminary statements. 

Motions : Motions may be made during the interference, the 
practice being similar to that in the United States equity courts. Rea- 
sonable notice of all motions, and copies of motion papers and affi- 
davits, must be served upon opposing parties, and proof of such service 
must be' made before motions will be entertained. Motions will not 
be heard in the absence of either party except after default after due 
notice. The following are proper motions : 

(a) To file an amendment containing claims which should be 
made the basis of the interference. 

18 



(b) To put into the interference any claims in the application or 
patent which should be included in same. 

(c) To amend a preliminary statement to cure defects or material 
errors. 

(d) For postponment of time for filing statement. 

(e) To dissolve the interference for irregularity; non-patenta- 
bility of an applicant's claim ; or denial of applicant's right to make 
such a claim. 

(f) To postpone the hearing. 

(g) For extension of time to take testimony, 
(h) To effect a stay of proceedings. 

(i) To shift the burden of proof. 

(j) To permit an assignee to prosecute or defend the interference 
in the event of the inability or refusal of the inventor to do so. 
(k) To take testimony in foreign countries. 
(1) To dispense with printing of testimony, in proper cases. 

Taking Testimony: Times will be assigned by the Patent Office 
in which the junior applicant shall complete his testimony in chief, and 
the other party shall complete the testimony on his side, and a further 
time in which the junior applicant may take rebutting testimony. If 
more than two parties, such times will be arranged that each will have 
opportunity to prove his case, and for rebutting testimony. 

Such times may be extended upon motion by showing sufficient 
reason therefor. 

The testimony must be taken before a Notary Public or other 
officer qualified therefor, and only after due and reasonable notice to 
opposing parties who must have opportunity to attend and cross-ex- 
amine witnesses. 

The same rules of evidence apply as in the Courts of the United 
States. 

If during the pendancy of an interference a new reference is found 
partly or wholly anticipating the invention, the proceedings may be 
suspended for the consideration of such reference inter partes, before 
the law examiner, or for the addition of new parties. 

Upon the completion of the testimony the officer before whom it is 
taken is required to properly endorse, certify, seal, and forward the 
same to the Patent Office, together with notices, proofs of service, and 
paper exhibits. 

Testimony in Foreign Countries: By leave of the Commissioner 
first obtained upon motion, testimony may be taken in foreign coun- 
tries. 

Unless there is a stipulation between the parties as to oral inter- 
rogatories, a time w411 be fixed upon the granting of the motion for fil- 
ing the interrogatories to be propounded to each witness, a copy of the 
same being served upon the opposing parties, who may, within a 
designated time, file their cross-interrogatories with due service of 
copies of the same upon the other parties. Objections to any of the 
interrogatories or cross-interrogatories may be filed at any time before 
the depositions are taken, and such objections will be considered and 
determined upon the hearing of the case. 

As soon as the interrogatories are in proper form the Commis- 
sioner will forward them to a proper officer (usually a United States 

14 



Consul) before whom the witnesses appear and make answer thereto 
under oath. The depositions are then certified by such officer who 
transmits the same under his official seal and signature to the Com- 
missioner. _ 

Unless false swearing in the giving of such testimony before the 
officer taking it shall be punishable as perjury under the laws of the 
foreign state where taken, it will not stand on the same footing in the 
Patent Office as testimony duly taken in the United States ; but its 
Aveight in each case will be determined by the tribunal having jurisdic- 
tion of such case. 

Printing of Testimony: Thirty-one or more copies of the testi- 
mony including the preliminary statement must be furnished, to be 
printed by someone designated by the Patent Office. The printing 
cannot be dispensed with except on motion duly made, and by satis- 
factory proof that a party, by reason of his poverty, is unable to print 
his testimony. 

Briefs: Are also required to be printed, and six copies must be 
filed three days before the hearing. In case satisfactory reason there- 
for is shown, typewritten briefs may be submitted. 

Hearing: When the testimony has been duly taken and filed, a 
day is fixed by the examiner of interferences, to be set, advanced, and 
adjourned, so far as convenient and proper to suit the wishes of the 
parties, when oral arguments may be made. After the arguments 
have been completed no further hearing will be accorded to either 
party unless at the request of the tribunal having jurisdiction of the 
case. 

Judgment of Priority: This judgment is made upon the testi- 
mony, or upon the written concession of the parties, or upon the writ- 
ten declaration of either of the parties that he has abandoned his applica- 
tion. In rendering a judgment upon the testimony the examiner follows 
the same rules which are recognized as binding in the United States 
Courts. 

Where the decision in favor of one applicant against another is 
not appealed from, or is sustained upon appeal, it is equivalent to the 
rejection of the defeated application, and a patent is awarded to the 
victorious applicant alone for the matter in controversy. 

Where an applicant establishes priority against a patent, the re- 
sult is the issue of another patent to the applicant. 

REISSUES. 

Their Objects: A reissue is granted when the original patent is 
inoperative or invalid by reason of a defective or insufficient specifica- 
tion, or by reason of the patentee claiming more than he had a right 
to claim as new and of his invention or discovery, provided the error 
has arisen through inadvertence, accident or mistake, and without any 
fraudulent or deceptive intention. 

Wherever a mistake, incurred through the fault of the Patent Of- 
fice, constitutes a sufficient legal ground for a reissue, such reissue will 
be made, without charge of fees, at the request of the patentee, for the 
correction of such mistake only. 

15 



Who May Obtain a Reissue: A reissue will be granted to the 
original patentee, his legal representatives or assigns, as the interest 
may appear. 

Reissue applications must be made and the specifications sworn 
to by the inventors if they be living, and in case there are assignees 
the application must be accompanied by their written assent. 

Documents Required: The petition, power of attorney, specifica- 
tions, and oath, must be sigped by the inventor, if living, if not by his 
legal representatives or assigns as- the interest may appear. 

1. Petition, with Power of Attorney if an attorney is appointed. 

2. Certified Copy of Abstract of Title giving the names of all 
assignees owning any undivided interest in the patent. 

J. Written Assent of Assignees; if any. 

4. Specification. 

5. Oath. 

6.- Drazving, which must be on the same scale, or a larger scale 
than the original drawing, unless under authorization of the Commis- 
sioner. 

7. The Original Patent, or if the original patent is lost, an afiidavit 
to that effect, and a certified copy of the patent. If a reissue is refused 
the original patent will be returned upon request. 

The oath must contain a statement as follows : 

» 

(a) That applicant verily believes the original patent to be in- 
operative or invalid, and the reason why. 

(b) When it is claimed that such patent is inoperative or invalid 
''by reason of a defective or insufficient specification," particularly 
specifying such defects or insufficiencies. 

(c) When it is claimed that such patent is inoperative or invalid 
"by reason of the patentee claiming as his own invention or discovery 
more than he had a right to claim as new," distinctly specifying the 
part or parts as alleged to have been improperly claimed as new. 

(d) Particularly specifying the errors which it is claimed consti- 
tute the inadvertence, accident, or mistake relied upon, and how they 
arose or occurred. 

(e) That such errors arose ''without any fraudulent or deceptive 
intention" on the part of the applicant. 

(f) How such defects and insufficiencies will be cured by the 
reissue. 

Division of Reissue Applications: In the discretion of the Com- 
missioner, he may cause several patents to be issued for distinct and 
separate parts of the thing patented, each such division constituting 
the subject of a separate specification descriptive of the part or parts 
of the invention claimed in such division, and its drawing representing 
only such part or parts. New fees are required for each such divi- 
sional application. 

Unless otherwise ordered by the Commissioner, all the divisions 
of a reissue will issue simultaneously. 

New Matter: Will not be allowed to be introduced in the speci- 
fication or drawings. 

Examination — Procedure in Patent Office : The procedure is sub- 
stantially the same as in case of original applications, (which see). 

16 



Original claims if reproduced in the reissue application are subject to 
reexamination, revision and restriction. 

Matter Claimable in Reissue Only: Matter shown and described 
in an unexpired patent, which was not claimed therein by reason of 
a defect or insufficiency in the specification, cannot be subsequently 
claimed in a separate patent, but only in a reissue of the original 
patent. 

APPEALS. 

Right of Appeal: The right of appeal from a second or final re- 
jection is absolute, whatever be the cause of rejection. Appeals may 
be based either upon the requirements or decisions of an examiner as 
to matters of form, in which case they are taken to the Commissioner 
in person, or as to the merits or substance, in which case the appeal 
lies to the board of examiners-in-chief. From the decisions of this 
board an appeal may be taken to the Commissioner of Patents, and 
from the latter's decision to the Court of Appeals of the District of 
Columbia. 

Appeals as to Matters of Form: Any proper question which has 
been twice acted upon by the examiner, and which does not involve 
the merits of the invention claimed, the rejection of a claim, or a re- 
quirement for division, may be appealed to the Commissioner by a 
petition clearly and concisely stating the facts involved and the point 
or points to be reviewed. 

An order will then be made directing the examiner to furnish a 
written statement of the grounds of his decision upon the matters 
averred within five days, and to furnish a copy thereof to the peti- 
tioner. 

Hearing will be granted in the discretion of the Commissioner, 
who will review and decide the questions involved. 

Appeals to Examiners-in-Chief : Appeals may be made from de- 
cisions of a primary examiner upon grounds involving the merits of 
the invention, such as lack of invention, novelty, utility, abandonment, 
public use or sale, inoperativeness, aggregation, incomplete combina- 
tion, or, when claims have been amended, for want of identity with 
the invention originally disclosed, or for requirement for division. 

In reissue applications appeals may be taken upon any of the 
above grounds, or on the ground that the original patent is not in- 
operative or invalid, or if so that the errors which rendered it so did 
not arise from inadvertence, accident, or mistake. 

There must have been two rejections of the claims as originally 
filed, or if amended in matters of substance, of the amended claims; 
all the claims must have been passed upon ; and, except in cases of 
division, all preliminary and intermediate questions, not connected 
with the merits, settled. The appeal must set forth in writing the 
points of the decision upon which it is taken. 

Upon the filing of an appeal it is submitted to the primary ex- 
aminer. If he decides that it is not regular in form or does not relate 
to an appealable action an appeal may be taken from such decision 
to the Commissioner. If he finds it proper in form and substance he 

17 



is required within ten days from the filing to furnish the examiners- 
in-chief with a written statement of the grounds of his decision on all 
the points involved, with copies of the rejected claims and the refer- 
ences applicable thereto, giving an explanation of the invention and of 
the references so far as pertinent to the appealed claims. A copy of 
this statement is furnished to the applicant. 

The appellant must on or before the day of hearing file a brief of 
the authorities and arguments upon which he relies, and if he desires 
an oral hearing, must so indicate when he files his appeal. A day of 
hearing will then be fixed and the applicant notified thereof. 

The Decision: This will afiir-m or reverse the decision of the 
primary examiner only on the points on which appeal has been taken, 
but should the examiners-in-chief discover any other ground for 
granting or refusing a patent they will annex a statement to that ef- 
fect to their decision with such recommendations as they deem proper. 

In case they recommend the refusal of a patent in the form claim- 
ed, their recommendation acts as a rejection and will reopen the case 
for amendment or showing of fact, or both, before the primary ex- 
aminer, responsive to that rejection. The recommendation is binding 
upon the primary examiner, unless an amendment or showing of facts 
not previously of record be made, w^hich, in the opinion of the primary 
examiner, overcomes the recommendation. 

The applicant may waive the right to prosecution before the prim- 
ary examiner and have the case reconsidered by the examiners-in- 
chief upon the same record, and from their adverse decision upon re- 
consideration an appeal may be taken to the Commissioner, as in other 
cases. The applicant may also waive reconsideration by the ex- 
aminers-in-chief and appeal directly to the Commissioner. 

In case the examiners-in-chief recommend the granting of a pat- 
ent in an amended form, the applicant has the right to amend in con- 
formity with such recommendation, which is binding upon the primary 
examiner in the absence of new references or grounds for rejection. 

Appeals to Commissioner : From an adverse decision of the ex- 
aminers-in-chief appeal may be taken to the Commissioner in person, 
the practice being substantially the same as for appeals taken to the 
examiners-in-chief. 

Appeals in Interference Cases : Parties have the same remedy by 
appeal to the examiners-in-chief and to the Commissioner as in other 
cases. The appeals must be accompanied by brief statements of the 
reasons therefor, and six copies of printed briefs of their arguments 
must be filed by the appellant ten days, and by the appellee three days, 
before the hearing. The appellant has the right to make the opening 
and closing arguments, unless otherwise ordered by the tribunal hav- 
ing jurisdiction of the case. 

Rehearings: Cases decided upon appeal will not be reopened ex- 
cept by authority of the Commissioner, and then only for consideration 
of matters not already adjudicated upon, sufiicient cause being shown. 

Appeals to Court of Appeals of the District of Columbia: An 

appeal may be taken to the Court of Appeals of the District of Colum- 
bia from an adverse decision of the Commissioner upon the claims of 
an application, and in interference cases, in the manner prescribed by 
the rules of that Court. 

13 



The applicant must give notice of such appeal to the Commis- 
sioner, and file in the Patent Office, within forty days, exclusive of 
Sundays and holidays, but including Saturday half holidays, from the 
date of the decision appealed from, his reason of appeal specifically set 
forth in writing. 

Upon the due filing of the appeal the case is placed upon the 
docket and is called for argument upon either the second Monday of 
January, March, May or November, the cases being called in regular 
order as they may stand ready upon the docket. 

The entire case, including the petition, transcript, etc., must be 
printed under the supervision of the Clerk of the Court, and when the 
printing is completed the case is put on the calendar for hearing at 
the next term at which patent appeals are heard. 

DISCLAIMERS. 

In General: A disclaimer is necessary whenever a patentee, 
through inadvertence, accident or mistake, has claimed more than 
that of which he was the original or first inventor or discoverer. The 
filing of a disclaimer for such part as is not of his invention is a simple, 
expeditious and inexpensive method of curing such a defect, which 
may otherwise invalidate the grant. A disclaimer is necessary, how- 
ever, only when the thing claimed is a material and substantial part 
of the art or machine invented. A disclaimer only affects the excess 
which it eliminates from the claim, neither affecting such other claims 
of the patent as by themselves are valid, nor the force of what is not 
disclaimed. 

Who May Make: A disclaimer may be filed by any party owning 
the entire patent, or the entire interest in any specified territory, the 
disclaimer only affecting the interest of the party filing same, and in 
the territory owned by him. The original patentee cannot disclaim 
after he has parted with his entire title to the patent, nor can an owner 
of an individual interest disclaim, and thus change the form of the 
patent, without the co-operation of the other owners of the same in- 
terest in the patent. 

How Made: A disclaimer must be in writing, signed by the party 
making it, attested by one or more witnesses, and recorded in the 
Patent Office. It must state the precise interest of the disclaimant in 
the patent ; clearly and exactly set out the excess to be disclaimed ; 
and aver that such excess was included in the patent through inad- 
vertence, accident or mistake. 

Diligence Required : Disclaimers must be filed without unreason- 
able delay. What is unreasonable delay is a question to be settled by 
the Court in the course of litigation upon the patent. The proper 
course is to file a disclaimer at once, as soon as knowledge is brought 
home to an inventor that he is not the inventor of any material part of 
the subject-matter of his claims. 

Effect of Failure to Disclaim: Unless a disclaimer, if necessary, 
is filed before a suit for infringement is brought, no costs can be re- 
covered by the patentee. If a disclaimer is made after suit is brought, 
the plaintiff may still recover, but without costs. 

19 



INFRINGEMENTS. 

In General: The infringement of a patent is the making, using, 
or selling of the invention during the life of the patent, without the 
authorization or consent of the owner. The patent must be valid, 
otherwise there is no basis for a suit for infringement. The infringe- 
ment may consist either in making, using or selling, or in all three. 
A party is no less an infringer because he had no intent to infringe, or 
because he did not know of the patent. It is not necessary that every 
feature of the invention disclosed in the patent be used to constitute 
infringement ; it is sufficient that the substantial features set forth in 
the claim are taken. To constitute infringement the principle of 
operation must be the same, and there must be substantial identity of 
means employed. 

Consideration of Claims in Infringements : Each claim of a patent 
is separately considered in determining infringement, and while claims 
which cover the invention in broad terms may be infringed by devices 
differing in many respects from that of the patent, a claim including 
a distinct limitation to a particular feature is not infringed unless that 
feature is used. 

A combination claim is not infringed unless every element, ma- 
terial or part, mentioned in the claim, or its equivalent, is used in the 
same relation ; every element claimed must be regarded as material, 
although it is not so in fact. 

A claim to an art or process is not infringed except by the use of 
all of the steps, or their equivalents, and in the order stated, and it is 
settled that the purchaser and user of an article made by the process 
is not an infringer. 

A claim to an article or substance composed of a particular in- 
gredient or combination of ingredients is infringed by an article having 
the same characteristics and composed of the same or equivalent in- 
gredients. There is no infringement if an ingredient claimed is 
omitted, nor where there is an addition changing the character of the 
compound, but the addition of other ingredients to those claimed does 
not avoid infringement if the essential character of the compound re- 
mains the same. 

Diversity of Use : The use of an invention for an analogous pur- 
pose is infringement, but use for a non-analogous purpose where in- 
vention is necessary to procure its adaptability is not. 

What are Equivalents : The substitution of equivalent elements 
for those described in a patent does not avoid infringement. Whether 
elements are similar or different is determined by what they do or how 
they act. Where there is identity of operation there is equivalency if 
the function and result are the same, even if the substituted element 
performs additional functions. Parts are not equivalent if they do not 
operate to perform the same function in substantially the same way 
to produce the same result. To constitute infringement by the substi- 
tution of equivalents, the equivalent must have been known as a proper 
substitute at the date of the patent. 

Transposing of Parts : Change in the location of elements will not 
avoid infringement if the operation is substantially the same, but a re- 
arrangement that produces different operations to obtain the same 
result is not an infringement. 

20 



Omission of Parts : A claim is not infringed when an element in- 
cluded therein is omitted and no equivalent is used, but the omission 
of features not claimed, although shown or described, does not avoid 
infringement. 

Addition of Parts : The addition of one or more parts or features, 
even though securing additional functions, will not avoid infringement, 
although where the combination claimed is changed or destroyed by an 
addition making a new combination there is no infringement. 

Improvements :• Changes in construction involving improve- 
ments in existing patented inventions m^ay be patented by a subse- 
quent inventor, but the fact that he has obtained such a patent is no 
protection against the infringement of the original patent. Nor can 
the original patentee lawfully use the patented improvement without 
the owner's authority so to do. 

Contributory Infringement: The intentional aiding of one per- 
son by another to unlawfully make, use or sell a patented invention 
constitutes contributory infringement. Furnishing plans of an in- 
fringing device and sharing in the profits is contributory infringe- 
ment, and so is selling parts adapted and intended for use in making 
the patented article in violation of the patent, and the sale of an article 
with intent to induce a licensee under the patent to violate the terms 
of his license agreement. 

Where the thing alleged to have been contributed is one of gen- 
eral use, suitable for other methods of use, and especially where it can 
be shown that there was no agreement or intent that the thing sold 
should be used with other things so as to infringe a patent right, con- 
tributory infringement is not present. 

INFRINGEMENT SUITS. 

Suit may be maintained at law or in equity to enforce the rights 
arising from valid granted patents, or from contracts relating to them. 

Who May Bring Suit? The patentee, his assignee, his grantee, or 
his personal representatives only, are able to maintain an action for 
infringement in a court of law. The plaintiff must be the person or 
persons in whom the legal title to the patent vested at the time of the 
infringement, except where the right of action was assigned with the 
title to the patent, when the present owner may bring suit for an in- 
fringement committed during the ownership of his assignor, as well as, 
for infringements during his own ownership. 

Neither licensees, nor those who have acquired an equitable title 
to the patent by contract, can maintain such a suit in their own names. 
The patentee may sue on behalf of the licensee or the licensee can 
sue in the name of his licensor, but in the latter case only for such in- 
fringements as affect his own rights under the patent. An exclusive 
licensee and the patentee should join as complainants in certain cases. 

Equitable owners of patents or of interests therein can only obtain 
relief in a court of equity. 

In case of a joint patent, and in all cases of joint ownership, all 
the patentees or joint owners must be made plaintiffs. 

21 



Who May Be Sued : All persons, whether natural or artificial who 
voluntarily engage in the unauthorized manufacture, use or sale of a 
patented invention, whether by itself, or as part of some more compre- 
hensive instrument or art. 

Even the government cannot ordinarily employ an invention, or 
grant to others the right to practice it, without the permission of the 
patentee. A municipal corporation or other public body is responsible 
for the acts of infringement performed by its officers and agents for 
its benefit. A private corporation is responsible for any act of its 
agents or employees, authorized or ratified by it, which wrongfully 
appropriates a patented invention. Servants or agents who make use 
of or sell for another an infringing article are also liable. 

A joint-owner of a patent may be an infringer if he employs an in- 
fringing device. An assignor or grantor who has parted with all his 
right to use an invention within a specified territory, becomes an in- 
fringer if he employs the invention within that territory, as does a 
grantee or licensee who practices the invention outside of the territory 
owned by him, and, as does either of the above parties who makes, 
uses or sells an infringing device. 

Jurisdiction: The United States Courts have original and exclu- 
sive jurisdiction in all cases touching the validity, title, and infringe- 
ment of patents, without regard to the citizenship of the parties. 

The State Courts have jurisdiction, the citizenship of the parties 
being the same, in all actions based on contracts between the parties, 
whether to compel their performance, to rescind them, or to award 
damages for their violation. Actions for breach of warranty, for fraud, 
for royalties or purchase money, and for the non-fulfillment of other 
collateral contracts are also within their jurisdiction. 

The United States Courts have jurisdiction in the actions named 
in the last preceding paragraph where the citizenship of the parties is 
different. 

Place to Sue: Suit for infringement must be brought in the 
district of which the defendent is an inhabitant, or in the district in 
which the defendant, whether a person, partnership, or corporation, 
shall have committed acts of infringement, and has a regular and 
established place of business. 

Court Procedure: The practice as to pleadings, trials, judgments 
and appeals is in conformity with the usual rules of practice in the 
State and Federal Courts respectively. 

INJUNCTIONS: Injunctions may be either preliminary, to com- 
pel a defendant to desist from his alleged infringing acts while the 
necessary investigations are being carried on in the courts, or per- 
petual, permanently prohibiting the defendant from the performance 
of acts which have been proven and adjudged to be in violation of the 
patent. 

Preliminary Injunctions: The issue or refusal of a preliminary 
injunction is wholly within the discretion of the court, and from its 
decision there is no appeal. The court will not attempt to decide 
doubtful questions, and in case of doubt will not grant an injunction, 
especially where the defendant is financially responsible. 

22 



In order to secure a preliminary injunction the validity of the pat- 
ent must be made to clearly appear, and the fact of infringement be 
shown beyond doubt. Such injunctions are granted to prevent irre- 
parable injury, and the right to and necessity for the injunction must 
be shov^n. 

It is ground to deny a preliminary injunction that the granting 
thereof would injure the public and defendant gives security for pos- 
sible damages and costs; that there has been laches on the part of the 
plaintiff; that the defendant has a later patent under which he has been 
working; that the patent is about to expire; or where the granting 
would work great injury to defendant and its refusal would injure 
the plaintiff in a much less degree, but it will not be refused for hard- 
ship on defendant whv.re the infringement is wilful. 

A\'here the validity of the patent has not been adjudicated by the 
courts nor acquiesced in by the public, an injunction will usually be 
refused, but this rule does not apply when the invention is both new 
and useful and there is no evidence attacking the validity of the patent. 

A prior adjudication sustaining the patent is not an absolutely 
necessary pre-requisite, but an injunction will be refused where a* prior 
adjudication was against the patent. Where the patent has been 
sustained either at law or in equity an injunction will ordinarily be 
granted where the infringement is clear, unless new evidence is pre- 
sented such as would have changed the former decision. Prior ad- 
judication, however, will not be followed when the points involved 
wxre not fairly in issue and decided, or where there was collusion, and 
an adjudication without contest is not sufficient upon which to base a 
preliminary injunction. 

Terms and Conditions: The terms and conditions of an injunc- 
tion depend upon the special circumstances of each case and rest in the 
sound discretion of the court. In some cases, and where the showing 
is such that an injunction would be justified, the court, instead of 
granting an injunction may require the defendant to give a bond con- 
ditioned for the payment of all damages awarded and to keep an ac- 
counting. The complainant, too, may be required to give a bond; 
where an injunction is granted, to indemnify the defendant for 
damages in case of an adverse decision in the action. 

Modifying or Dissolving Injunction: Injunctions may be modi- 
fied or dissolved by the court on motion, this matter resting in the 
sound discretion of the court according to the circumstances of the 
case. 

PERMANENT INJUNCTIONS: The right to a permanent in- 
junction usually exists whenever judgment is given in favor of the 
complainant, but there may be special circumstances which may pre- 
vent its issue, as, for example, where it is not necessary and its allow- 
ance would be injurious to the public. 

The command of the court must be explicitly obeyed without 
evasion or subterfuge, and a violation of such injunction is punishable 
by the court in contempt proceedings. As contempt in the violation 
of injunctions in a patent case is a criminal offense, the fine imposed 
by the court should bear a just proportion to the magnitude of the 
off'ense. 

23 



DAMAGES IN ACTIONS OF LAW: Damages are to be mea- 
sured by the actual loss to the plaintiff; which must be shown. He is 
entitled to the actual damages sustained by him because of and during 
the time of the infringement for which the suit was brought. Profits 
which the plaintiff might have made but for the infringement are re- 
coverable. Nominal damages only can be recovered where the amount 
of actual loss is not shown ; where plaintiff did not mark his articles 
''patented," and the defendant did not have actual notice of the pat- 
ent; where there was making of the invention without use. Injury 
to business by unfair competition is not included in the damages. 

Interest on the amount due plaintiff may be, but counsel fees and 
the expenses of the litigation cannot be included in the damages. 

While the verdict must be for the actual damages, the court may 
in its discretion enter judgment for any sum above the verdict not 
exceeding three times the amount thereof, but without bad faith on 
the part of the defendant, or special circumstances, damages will not 
usually be so increased. 

PROFITS IN SUITS IN EQUITY: In equity actions the com- 
plainant may recover the amount of the gains and profits that the 
defendant has made from the wrongful use of the patented invention, 
and in addition the damages sustained by him. Such profits must be 
actual and direct, and the burden is on the complainant to show them ; 
if he fails to show the amount of profits due to his invention, nominal 
damages only will be allowed; in case of wilful infringement all doubts 
as to amount of profits are resolved against the infringer. 

Where the patent covers only a part of the machine entire profits 
on the machine are not recoverable, but only such as are due to the 
patented improvement, so that the profits must be separated, appor- 
tioned, and proven by the complainant. AVhere sales of articles are 
due solely to the patented improvement the entire profits may be re- 
covered, and where it is shown that profits are due to the patented 
invention the burden is on the defendant to show that part is due to 
other things. 

In determining profits all legitimate expenses of manufacture and 
sale, including wages, rent, advertising, commissions, etc., are to be de- 
ducted from the selling price, but not taxes, insurance, interest upon 
capital invested, manufacturer's profits, compensation for personal serv- 
ices, or losses which do not occur concurrently with the making of 
profits and do not result directly from the particular transactions on 
which the profits are allowed. 

Damages are determined as in actions at law, and it has been held 
that the court may allow increased or exemplary damages in aggra- 
vated cases. 

VALIDITY SEARCHES. 

These are important whenever the validity of a patent is in question, 
and especially where infringement suits are about to be instituted or are 
threatened. It is also advisable to have them made prior to the purchase 
or acquisition of patent rights, or the execution of contracts relating to 
the same, where considerable purchase considerations are involved, large 
investment proposed, or serious liabilities are to be assumed. 

24 



These searches comprise as extensive and exhaustive an examination 
as possible of the art to which the invention in question relates, to ascer- 
tain as nearly as can be done whether the invention was new at the date 
of the application for patent therefor ; whether the claims properly cover 
the invention ; and what are the probabilities of infringing a prior patent 
or patents if the patented article is made, used or sold. 

Such searches to be of value must be made by careful experienced 
persons, and should comprise the examination of both United States and 
foreign patents, and, in addition, publications, technical and otherwise, 
likely to contain anticipating descriptions of the subject matter of the 
patent. 

The cost of such searches cannot be named in advance. It is usual 
to charge for them upon a per diem basis for the time actually required 
to complete the search. 

PATENTED ARTICLES MUST BE MARKED 

AS SUCH. 

After Issue of Patent: It is the duty of all patentees, their assigns 
and legal representatives, to give sufficient notice to the public that an 
article is patented, either by marking the article itself with the words 
"patented" and the day and year the patent was granted (issued) ; or 
when, from the character of the article, this cannot be done, by fixing 
to it, or to the package wherein one or more of them is enclosed, a 
label containing a similar notice. 

No damages can be recovered in a suit for infringement by a 
party failing to so mark, except on proof that the defendant was duly 
notified of the infringement, and continued, after such notice, to make, 
use, or vend the patented article. 

The duty of marking patented articles devolves upon the manu- 
facturer. While the failure to mark prevents recovery of damages as 
above noted, it is no bar to an injunction either preliminary or per- 
petual. 

Marking Before Issue of Patent: There is no legal requirement 
as to this, but it is usual, after a patent is applied for, to mark articles 
"patent applied for," or "patent pending," with the object of warning 
third parties that a patent is being obtained and may be issued at any 
time. Such notice is quite effectual. Knowing that a patent is likely 
to issue, the more reputable manufacturers will not encroach upon the 
applicant's probable rights, wdiile more unscrupulous persons will 
hesitate before investing capital and time in establishing the manu- 
facture and sale of an article which may be stopped at any time upon 
the issue of the patent. ' 

PENALTY FOR FALSE MARKING. 

Every person who, in any manner, either — 

I. Marks upon anything made, used, or sold by him for which he 
has not obtained a patent, the name or any imitation of the name of 
any person w^ho has obtained a patent therefor, without the consent 
of such patentee, or his assigns or legal representatives ; or, 

25 



2. Marks upon or affixes to any such patented article the word 
^'patent," or "patentee," or the words /'letters patent," or any 
word of like import, with intent to imitate or counterfeit the mark or 
device of the patentee, without having the license or consent of such 
patentee or his assigns or legal representatives ; or, 

3. Marks upon or affixes to any unpatented article the word 
"patent" or any word importing that the same is patented, for the 
purpose of deceiving the public; 

Is liable for every such offense to a penalty of not less than one 
hundred dollars, with costs. The fine may be recovered by any person 
in a qui tarn action, brought in the district in which the marking was 
done, in the name of the informer. One-half of the fine recovered goes 
to the use of the person who sues for the same, the other one-half 
going to the use of the United States. 

INTERFERING PATENTS. 

Whenever there are interfering patents, any person interested in 
any one of them, or in the working of thd invention claimed under 
either of them, may have relief against the interfering patentee, and 
all parties interested under him, by suit in equity against the owners 
of the interfering patent; and the court, on notice to adverse parties, 
and other proceedings had according to the course of equity, may ad- 
judge and declare either of the patents void in whole or in part, or 
inoperative or invalid in any particular part of the United States, ac- 
cording to the interest of the parties in the patent or the invention 
patented. But no such judgment or adjudication will affect the right 
of any person except the parties to the suit and those deriving title 
under them subsequent to the rendition of such judgment. 

Such an action must be brought in the district in which the de- 
fendant resides or is found. The question of priority of invention is 
the only point in controversy, and judgment is awarded to the party 
who establishes the fact that he is the first inventor, or the party who 
derives his title from the first inventor. Two patents interfere within 
the meaning of this portion of the law when they claim the same in- 
vention in whole or in part. 

ASSIGNMENTS, GRANTS, LICENSES. 

Defined: Any instrument in writing amounting to any assign- 
ment, grant, mortgage, lien, encumberance, license, or which affects the 
title of the patent or invention to which it relates, will be received for 
record in the Patent Office. Such instrument should identify the pat- 
ent by number and date; or, if the invention is unpatented, by the 
name of the inventor and the serial number and filing date of the 
application, or its date of execution. 

The assignment or license ma}'' be for either the right to make, to 
use, or to sell, or for the right to do any or all of these acts, and may be 
for the whole or any part of the United States. Each claim is separ- 
ately transferable. 

Undivided Interests : Undivided interests may also be assigned. 
An assignment of an undivided part of a patent, however small the un- 

26 



divided interest conveyed, makes the assignee and the patentee joint 
owners, and the holder of an undivided interest in a patent may make, 
use and sell, and license others to do so, without regard to its effect 
on his co-owners, unless there is an agreement between them as to 
profits. Joint interests in a patent do not make the owners partners, 
and one joint-owner cannot compel another to account for a share of 
his profits in the absence of a partnership or profit-sharing agreement 
between them. It should be observed that neither a joint-owner nor 
his alienees can lawfully practice an infringing invention. 

Deceased Inventors — Infants: Executors and administrators of 
the estate of a deceased inventor hold a patent in trust ; they can 
assign a patent and give a good title thereto. An infant must assign 
by guardian, who is governed by local law. 

Parol Agreements : A parol agreement to assign, and to allow 
the assignee to take out the patent in his own name (upon application 
papers to be signed by the inventor) is valid, and a verbal agreement 
vests in the assignee an equitable right to grant licenses, and notes 
given for such licenses are upon sufficient consideration. The legal title 
to a patent however can be transferred only by a written instrument 
signed by the owner of the patent. 

Assignments Before Issue of Patent: The right to an invention 
dates from its discovery, and it, or any rights thereunder, may be 
assigned at any time thereafter. A patent cannot issue to the assig- 
nee, however, unless an assignment, containing a request therefor, be 
duly recorded, and it should be presented for record at a date not later 
than the day upon which the final fee is paid. 

Importance of Recording: An unrecorded assignment, grant, or 
conveyance is valid between the parties thereto, and is good, except 
against creditors and subsequent bona fide purchasers without notice, 
and an assignment, though unrecorded, is good against all who have 
actual notice, but in order that the record may be constructive notice 
to intending purchasers, the assignment, grant or conveyance must 
be recorded in the Patent Office within three months of the date of 
its execution. After three months without record a prior conveyance 
becomes invalid as against a later transfer, except in cases where the 
later purchaser had actual notice of the existence of the prior assign- 
ment. It should be observed, hoAvever, that the record, although 
made after three months have elapsed, affords constructive notice to 
all persons acquiring interests in the invention subsequently to the 
date of record. 

DESIGN PATENTS. 

In General: A design patent may be obtained by any person 
who has invented any new, original, and ornamental design for an 
article of manufacture, not known or used by others in this country 
before his invention thereof, and not patented or described in any 
printed publication in this or any foreign country before his inven- 
tion thereof, or more than two years prior to his application, and not 
caused to be patented by him in a foreign country on an application 
filed by him more than four months before his application in this 

27 



country, and not in public use or on sale in this country for more thart 
two years prior to his application, unless the same is proven to have 
been abandoned. 

Preliminary Examinations as to. Novelty: These may be made,, 
the cost being the same as for other patents. 

Application for Patent: The requirements and procedure are 
substantially the same as in applications for other patents. 

Term of Patent: Design patents are granted for either three and 
one-half, seven or fourteen years as elected by the applicant, the term 
commencing to run from the date of issue. Where the applicant has 
requested that the patent issue for one of the shorter terms, he may,, 
at any time before the allowance of the application, upon the pay- 
ment of the appropriate additional fee, obtain the issue for a longer 
term. 

Assignments — Grants — Licenses: See remarks under this head- 
ing on page 26. 

FOREIGN PATENTS. 



The Importance of Foreign Patent Protection, 

It is believed that as one result of the world war, and the knowledge 
gained by American manufacturers and traders as to the importance and 
value of foreign trade by reason of the unprecedented increase in world 
trade during the past five years, there will be a corresponding increase in 
the demand for foreign patents in order to obtain as complete a protec- 
tion as possible for the goods, wares, and merchandises shipped abroad. 

That such protection is desirable and necessary is evidenced by the 
fact that without it the trader in foreign countries cannot prevent the 
flooding of his market with similar goods, or perhaps cheap imitations 
thereof, at prices which may be below his own cost of production and 
delivery, so that his market may be spoiled if he does not protect it. 

A still further reason for the procurement of foreign patents exists 
in the fact that inventions which have proven of value in the United 
States may also have value in some or all of the foreign countries. The 
owner may have facilities for manufacturing, or otherwise making use of 
them, in such countries, himself, or he may intend to sell his rights to 
others, or find manufacturers there who will use the invention under a 
license granted by the owner for this purpose. 

Applications for foreign patents, if they are to be made at all, should^ 
unless they are filed under the provisions of the International Convention, 
be made before any publication or public use of the invention, for two 
reasons : 

First. Because of the legal requirements as to novelty in foreign coun- 
tries. If the applications are not filed in due time, valid patents cannot be 
obtained ; 

Second. Because it is possible for unauthorized persons, who have 
acquired knowledge of an invention, to apply for and obtain patents there- 
for in their own names, and while in many cases the patents so issued 
can be attacked, it can only be done at considerable expense and with much 
trouble. 

A concise statement of the law and practice in the various foreign 

28 



countries is therefore desirable, so that intending appHcants for patents 
may, without waste of time, acquaint themselves with the principal legal 
requirements in such cases, and know the conditions under which they 
may obtain such protection, and maintain it in force. 

Comparison of Practice. 

It should be noted at the outset that a marked difference exists be- 
tween the practice in the United States and that in foreign countries, and 
in the following points in particular : 

1. As to the novelty that must exist at the moment of the filing of 
the application for patent. We have treated this subject under the headings 
''Novelt}^ Required" (see page 30), "International Convention" (see 
page 32), and ''When Application May Be Filed" (see page 31.) 

2. Most of the principal foreign countries require, as a condition for 
the continuance of the life of a patent, the payment of annual or other 
fees or taxes. We state the cost of paying such annuities or taxes under 
the heading ''Taxes" (see pages 40-42). 

3. Many countries also require that the patent be "worked," that is to 
say, the invention must be manufactured or carried into practice in the 
country within a fixed period of time, and usually such working must not 
be suspended at any one time longer than another fixed period of time. 
We state such requirements under the heading "Workings." (See 
pages 41-43). 

4. In most of the European countries which exami'ne applications as 
to the novelty of the invention, claims as usually drawn for United States 
applications are not acceptable, and numerous claims differing only as to 
minor details are objectionable. The German form of claim is generally 
preferred. The last named type of claim may and preferably should be 
functional in character. The aim should be to present "a new technical 
effect," rather than a new combination of elements. The first claim should 
be made as broad as possible ; this may be followed by a limited number of 
subsidiary claims to cover additional elements, or modifications. 

The redrafting of the claims to accord with the practice of the coun- 
try in which they are filed is most important, although often lost sight of, 
and this should be done by a competent attorney in each country, who 
must be familiar with the law and practice there. We invariably require 
our foreign correspondents to do this, furnishing them with a statement 
showing the features of the invention for which protection is chiefly 
■desired. 

Who May Apply for Patent. 

7. Inventors. — Whether sole or joint, in all countries. 

2. Inventors and Assignee lointly. — In Australian Commonwealth, 
British Central Africa, Canada, Ceylon, Great Britain, Grenada, Malta, 
Rhodesia, St. Lucia, St. Vincent, South Africa (Union). 

J. An Assignee (an individual, but not a firm, or corporation), may 
apply in : — Bahamas, Bermuda, Trinidad and Tobago, South Africa 
(Union ). 

4. An Assignee, whether an individual, firm, or corporation, may ap- 
ply in : — Australian Commonwealth, Austria, Barbados, Belgium, Belgian 
Congo, Bolivia, British North Borneo, China, Costa Rica, Cuba, Cyprus, 
Ecuador, Egypt, Falkland Islands (if owner of British patent), France, 

29 



Germany, Honduras (if owner of foreign patent), Hungary, Italy, Li- 
beria, Luxembourg, New Zealand, Nyasaland, Panama (if owner of 
foreign patent), Paraguay, Portugal, Portuguese Colonies (if owner of 
Portuguese patent), Roumania, Spain, St. Helena, Straits Settlements, 
Tunis, Turkey, Uruguay. 

Proof of right to make the application should be obtained, and held 
for use if and when necessary. 

S' An Assignee, whether an individual, firm, or corporation, may 
apply, but an assignment must be filed in: — Argentine Republic, Brazil. 
British Gambia, British Guiana, Canada, Ceylon, Chile, Colombia, Deccan 
(Hyderabad), Denmark, East Africa Protect oirate, Fiji, Finland, 
Gambia, Gold Coast Colony, Guatemala, Hong Kong, Iceland, India, 
Jamaica, Japan, Jodhpur (Marwar), Johore, Leeward Islands, Mauritius, 
Mexico, Mysore, Negri Sembilan, Newfoundland (but without assign- 
ment if owner prior foreign patent), Nicaragua, Nigeria, Norway, 
Pahang, Perak, Peru, Russia, San Domingo, San Salvador, Selangor, 
Seychelles, South Africa (Union), Sweden, Switzerland, Venezuela, 
Zanzibar. 

6. An Assignee, without an assignment, if special power of attorney 
signed by inventor and assignee is filed. — Argentine Republic, Brazil, 
Chili, Mexico. 

7. Any person (individual, firm or corporation) : — Belgium, Germany, 
Holland (The Netherlands), Luxembourg, Turkey. 

8. Any person resident in the country, for an invention communicated 
to him from any person resident in a foreign country: — Australian Com- 
monwealth, Ceylon, Great Britain, Leeward Islands. 

p. The ozvner of a prior foreign portent: 

(a) The owner of a British patent, in British North Borneo, Ceylon, 
Falkland Islands, Gibraltar, Guernsey, Hong Kong, Jersey, Negri-Sem- 
bilan, Pahang, Perak, Selangor, St. Helena, Straits Settlements. 

(b) The owner of any prior foreign patent, in Belgium, Belgian 
Congo, China, Costa Rica, Cuba, Egypt, Fiji Islands, Honduras, Jamaica, 
Newfoundland, Panama, Paraguay, San Domingo, Spain (5 year patent), 
Venezuela. 

(c) The owner of a prior United States patent, in Philippine Islands, 
Porto Rico. 

(d) The owner of a prior Portuguese patent, in Portuguese Colonies. 

(e) The owner of a prior Danish patent, in Iceland. 

Novelty Required. 

The general rule is that the invention must be new in the country at 
the moment the application for patent is filed. There are important ex- 
ceptions to and variations of this rule, however, which are explained 
under the headings "When Applications May Be Filed," and 'Interna- 
tional Convention." 

Unless the case falls within one of the classes of exceptions therein 
named, it may be considered as unsafe to delay the filing of an application 
until after publication or public use of the invention has taken place. 

The Official Gazette of the United States Patent Office is regularly for- 
warded to many foreign countries after its issue, and the brief publication 
of inventions therein may constitute a bar to the issue of valid patents 

30 



based on applications filed subsequent to the receipt of such Gazette in the 
foreign country. This is especially true with respect to Great Britain, 
Australian Commonwealth, Chile, Japan, New Zealand, South Africa 
(Union), and Switzerland. The publication in the Gazette to be a bar 
must be sufficient to enable the invention to be understood and practiced. 
In extreme cases it is possible, for some countries, to cable a brief 
description of the invention to the foreign country, after the issue of the 
Gazette, but before it reaches the country, and to file an application in 
order to secure the proper filing date, and to file the complete papers with 
specifications and drawings later. This is somewhat expensive but it will 
preserve rights that would otherwise be lost. 

When Application May Be Filed. 

The International Convention (a list of member countries will be 
found under the following heading) — allows a term of priority of one 
year from the date of the filing of an application for a patent in any one 
of the Convention countries, for filing similar applications for patent in 
the other member countries. 

If advantage cannot be taken of the provisions of the International 
Convention the obviously safe course is to file all applications for foreign 
patents, that may be determined upon, before the issuance of any patent, 
and before there has been any publication or public use of the invention. 

Valid patents may, however, in some cases, be obtained upon applica- 
tions filed at a later time. 

Applications for patents, not filed under the International Conven- 
tion, should be filed in accordance with the following requirements in the 
countries named below : 

1. Before publication or public use of the invention in any country. — 
France, Guatemala, Holland, Hungary, Spain (for 20 year patent), 
Sweden, Tunis, Turkey. 

2. Before printed publication anywhere, and before public use in the 
country. — Austria, Belgium (patent of invention), Denmark, Finland 
(but official publication no bar for six months), Germany, Luxembourg, 
Portugal (use in Colonies is also a bar), and Russia (official publication 
not a bar). 

J. Before printed publication in any country. — Bolivia, Ecuador, 
Peru, and Salvador (official publication not a bar). 

4. Before public use in any country. — Cuba ("Nacional" patent). 

5. Before publication or public use in the country. — Great Britain, 
Argentine Republic (15 year patent); Australian Commonwealth, Ba- 
hamas, Barbados, British Central Africa, British Honduras, British 
Guiana, Chile, Japan, Leeward Islands, Liberia, Malta, New Zealand, 
Nicaragua, Russia, South Africa (Union), Switzerland. 

6. Before public use in the country. — Bermuda, Grenada, St. Lucia, 
St. \^incent, and Trinidad and Tobago. 

7. During the life of a prior British patent, provided no prior use in 
the country. — Ceylon, Hong Kong. 

8. During the life of a prior British patent, provided no prior use in 
the country or in Great Britain or her possessions, use in the interim by 
inventor or zvith his consent excepted. — British North Borneo, Negri- 
Sembilan, Pahang, Perak, Selangor, Straits Settlements. 

31 



p. during the life of a British patent. — Falkland Islands, Gibraltar, 
Guernsey, Jersey, St. Helena. 

10. During the life of a prior foreign patent, provided no prior use 
in the country. — Costa Rica, Italy, Jamaica, Newfoundland, Spain (5 year 
patent). 

11. During the life of a prior foreign patent. — Belgium (patent of 
importation), Belgian Congo, China, Cuba, Egypt, Fiji Islands, Honduras, 
Panama, Paraguay, San Domingo, Venezuela. 

12. During the life of certain prior patents. — Porto Rico, and Philip- 
pine Islands (United States patent), Iceland (Danish patent), Portuguese 
Colonies (during first two years of Portuguese patent). 

Jj. Within one year from the acquisition of a foreign patent, or the 
sealing of a British patent. — Deccan, East Africa Protectorate, India, 
3*Iysore, Zanzibar. 

14. Within a given period of time after first prior patent. — Argentine 
Republic (within one year), Brazil (seven months from grant), Canada 
(one year from issue), Mauritius, (one year from date of British), 
Mexico (three months from publication), Norway (twelve months when 
reciprocal), Roumania (six months from grant). Southern Rhodesia (one 
year from grant), Uruguay (one year from issue). 



International Convention for the Protection of 
Industrial Property. 



The following twenty-nine countries are members of this Union, viz. : 

Australian Commonwealth, Austria, Belgium, Brazil, Ceylon, Cuba, 
Curacao, Denmark and Faroe Islands, Dutch East Indies, France and 
Colonies, Germany, Great Britain, Holland (The Netherlands), Hungary, 
Italy, Japan and Korea, Mexico, New Zealand, Norway, Portugal, San 
Domingo, Servia, Spain and Colonies, Surinam,, Sweden, Switzerland, 
Trinidad and Tobago, Tunis, United States. 

The convention provides that whoever has regularly filed an applica- 
tion for patent in one of the Convention countries shall enjoy a period of 
priority of twelve months from the date of such application, for filing his 
applications for patents in the other Convention countries, the same to 
have the same force and effect as if they had been filed simultaneously 
with such first filed application. 

This permits inventors, who have filed applications for patents in the 
United States, to file applications for patents in the other Convention 
countries at any time before the expiration of one year from the date of 
the filing of such application in the United States, regardless of interven- 
ing publication or public use of the invention. 

Examination of Applications as to Novelty. 

Applications are subject to examination as to the novelty of the in- 
vention at the time the application is filed, in the following countries : 

Australian Commonwealth, Austria, Canada, Chile, Cuba, Denmark, 
Finland, Germany, Great Britain, Holland, Hungary, Japan, Luxembourg, 
Norway, Russia, Sweden. 

The examination varies in the several countries both as to character 
and extent, that in Germany being considered the most severe and com- 

32 



plete. Amendments of the specifications and claims to meet official ob- 
jections, and to avoid prior patents cited, may be required. These are 
subject to charge according to the character and extent of the work in- 
volved, and are prepared and filed by our correspondent patent attorneys 
resident in the respective countries, acting upon our instructions given 
after consultation with our client. 

Patents of Addition. 

In most of the principal European countries ''patents of addition" 
are granted to a patentee or owner for improvements and modifications 
in an invention for which a patent has already been granted. They may 
be applied for from time to time, and at any time, during the life of the 
original patent. They form a part of the original patent after their issue 
and expire therewith. Usually they are not subject to the payment of 
separate annual taxes, and do not require a separate working, although 
care must be taken to see that the features of the patent or patents of ad- 
dition are not omitted in the working of the original patent. 

The charges and formalities for patents of addition are the same as 

for other patents. -i-» . . , t-* 

Provisional Protection. 

In Great Britain and in many of her Colonies (Canada is excepted), 
a provisional application, without drawings, may be §led to secure a filing 
date and provisional protection of the invention for a short period of 
time, usually six months. In preparing provisional applications great care 
should be exercised, while describing the invention briefly and in general 
terms, to see that every essential feature of the invention is mentioned. 

Where provisional applications are filed the application may be com- 
pleted by filing complete specifications and drawings of the invention 
before the end of the term of provisional protection. 

In simple cases our charge for preparing and filing provisional appli- 
cations is $35.00, but this charge is increased for involved, complicated 
and difficult cases. Where a complete application is filed afterwards, the 
charge for completing and prosecuting the application is the same as for 
ordinary applications (see schedule of charges.) 

Patents for Inventions Communicated from Abroad. 

Under the British practice, and in many of her Colonies (Canada ex- 
cepted), applications for patents may be filed in the name of a person who 
is a resident of the country, as a communication from any person resid- 
ing abroad, and the patent will be sealed in the name of the person making 
the application. 

This practice may be taken advantage of when it is necessary to cable 
a brief description of the invention abrpad to secure a filing date in ad- 
vance of publication or public use of the invention, but is not to be recom- 
mended in other cases, and is not applicable to applications filed under 
the International Convention. 

Where this practice is followed care should be exercised to obtain the 
assignment of the patent to the rightful owner immediately upon its issue. 

"Gebrauchsmuster" or Useful Model Protection. 

In Germany and Japan this type of protection may be obtained. It 
covers the form of simple devices, tools and appliances. Processes can- 
not be covered, as this protection is only applicable to concrete articles. 

33 



These ''petty" patents are granted for a term of three years, no 
examination as to novelty being made. The protection may be extended 
for an additional term of three years, making six years in all. 

It is common practice to apply for ordinary patents and gebrauchs- 
muster simultaneously, so that in the event of the refusal of a patent the 
protection afforded by the gebrauchsmuster will be available, or, in case of 
the undesirable limitation of the claims of a patent as finally allowed, the 
additional protection of the gebrauchsmuster will be had from the date 
of the patent application. 

An important point in connection with a gebrauchsmuster is that pro- 
tection commences almost at once, as the grant is usually made within 
a few days from the filing of the application. In many cases it is desira- 
ble that articles be protected quickly, and without the long delay usual 
between the filing of ordinary applications for patents, their examina- 
tion, and the issue of the patent thereon. 

Ordinary patent applications may also include the reservation of the 
right to gebrauchsmuster protection in case of the final rejection of the 
patent application — "eventual gebrauchsmuster" as it is termed. This is 
a very common practice in Europe in connection with applications for 
German patents ; in such cases, upon the final refusal of a patent, the 
gebrauchsmuster application may be completed, and the protection will be 
in operation from the filing date of the application for patent. 

Our charge for preparing, filing, and prosecuting an application for 
gebrauchsmuster is $50.00 ; for applications for extension of term of pro- 
tection from 3 to 6 years $35.00. 

Oppositions. 

The laws of a number of countries, the more important of which are 
Great Britain and some of her Colonies, provide for the publication of 
inventions for which patents have been solicited, and a fixed period of 
time after such publications, usually two months, within which persons 
who believe that they have just grounds for objecting to the issue of a 
patent may oppose the grant thereof, and present their reasons for such 
opposition. 

Full opportunity for reply is provided for the applicant for the pat- 
ent, and the case is finally heard and decided upon its merits. 

As a matter of fact, however, such oppositions are seldom entered. 

Compulsory Licenses. 

A considerable number of countries, including Great Britain and 
many of her Colonies, have included in their patent laws a provision for 
the granting of compulsory licenses in cases where an invention is not 
being adequately worked in the country under the patent, or, in case of 
interfering patents, where the owner of a subsequent patent is unable to 
make use of his invention because of the unreasonable refusal of a prior 
patentee to allow him to do so. 

The license fees or royalties in such cases are determined after full 
investigation of the facts of the case. 

In some countries this provision takes the place of the working re- 
quirement, in other countries it is a separate provision. 

Taxes. 

The imposition of taxes payable at intervals during the life of the 
patent is undoubtedly to provide a continuing revenue for the govern- 

34 



ment in return far the monoply granted to the inventor, during its life, 
and also to make provision for the cessation of the monoply in the event 
that the owner fails or ceases to make use of the invention in the country, 
and thereby deprives the public of its benefits. 

The taxes are usually annual and progressive in amount, the theory 
being that if the invention is brought into effective use in the country it 
will return profits largely in excess of the tax, so that the latter will not 
be 'a burden, while if not so used, although the inventor may continue to 
pay the taxes for a time, he will soon cease to do so and allow the in- 
vention to fall into the public domain. 

All taxes are payable in advance before the expiration of the term 
for which they have already been paid. 

Grace, with or without fine, is granted in many countries for short 
periods of time, for making these payments after the due date. 

Full particulars as to inclusive charges for making these payments, 
grace and fine, and times from which the due dates are counted, will be 
found on pages 40 and 42. 

Workings. 

The intent of this provision of the foreign patent laws is undoubtedly 
to compel the patentee to make commercial use of the invention in the 
country in order to aid its industry, and to insure the use of the invention 
to the public, a failure to do so making the patent subject to forfeiture. 

What amount and character of working will be considered sufificient, 
varies according to the law in force in each country, and the conditions 
of each particular case. 

It may, however, be taken for a fact that manufacture in the coun- 
try in question on a commercial scale, and with materials procured in 
that country, will undoubtedly be sufficient, and on the other hand, that 
nothing less, in most cases, will afford absolute security. 

As typical provisions of the kind, those of the French and German 
laws will be found of interest. 

Art. 32 of the French law provides with respect to workings : 

"The following shall be deprived of all their rights : 

"2. The patentee who has not worked his discovery or invention in 
France within the term of two years from the date of the signature of 
his patent, or who has ceased to work it during two consecutive years, 
unless, in the one case or the other, he justifies himself as to the causes 
of his inaction." 

The German law provides : 

" ^ II. A patent can be declared void after the expiration of three 
years, counting from the day after the publication of the grant of the 
patent : 

"i. If the patentee fails to work his invention in Germany to an 
adequate extent, or at least, to do everything that is necessary to insure its 
being worked." 

It should be noted that the general rule is that the importation of 
parts and assemblage of the same in the country is not only not regarded 
as sufficient compHance with the law, but is often held to be a reason for 
forfeiture, on the ground that such importation did damage to the home 
manufacturers, and this is true even if some of the parts are made in the 

35 



country. Nor will the fact that the patentee obtains his raw materials in 
the country excuse him for a failure to manufacture his goods there. 

When working on a commercial scale is out of the question and the 
invention is a simple one, it is best to arrange to have it made by some 
manufacturer in the country, and have the articles exposed and offered 
for sale there, obtaining proof of the steps taken. The manufacturer 
should be ready to satisfy the public demand for the article. 

Where a more complex invention, or one relating to pubHc service, 
or the like, is involved, offers to license may be made to parties likely to- 
be interested, by letter, and advertisements may be published in suitable 
journals offering to grant licenses, or sell the patent. 

Working — International Convention Countries. The patent laws of 
the Australian Commonwealth, Belgium, Cuba, France, Italy, Portugal 
and Tunis require the working to be commenced within a shorter term 
than three years, but they, being members of the International Conven- 
tion, are bound by the provisions of Article III bis of the Additional Act of 
Brussels, and their patents, held by citizens of countries, members of the 
Union, which includes the United States, cannot be declared void for non- 
working during a period of three years from the date of the application 
therefor. 

Canada — Importation. 

The Canadian law contains a provision regarding importation, as 
follows: If the patentee or his assigns, or his or their representatives, 
after the expiration of twelve months from the grant of the patent (or 
any authorized extension of this time), imports the invention or causes 
the same to be imported into Canada, the patent will become void as to 
the interest of the person or persons so importing or causing the invention 
to be imported. 

The term for importation can sometimes be extended for an addi- 
tional period of time, but only upon good cause being shown to the satis- 
faction of the Commissioner of Patents. The charge for applying for 
such an extension is $7.50. 

Tax and Working Notices. 

Our office maintains a special department which attends to the ful- 
filment of all legal requirements in connection with foreign patents and 
trade-marks, subsequent to the grant of such rights, when, and as requested 
by correspondents. 

All foreign patents and trade-marks obtained by our office, as well as 
others placed in our charge by request, are properly entered in books 
kept for that purpose, and timely notifications of all taxes, workings, and 
other legal requirements about to fall due, are mailed by us to our corre- 
spondents. We will also, when requested, accept a deposit of sufficient 
funds to cover all taxes, workings, etc., during a given period of time, 
and attend to the same without troubling the client with notifications 
until such time as such deposit is about to be exhausted. 

All reasonable measures are taken by us to insure absolute accuracy 
in the transaction of the business in this department. We cannot, how- 
ever, accept any responsibility for any loss or damage that may occur 
through failure to receive such notifications. 

We make no charge for the above notification service. 

' 36 



SCHEDULE OF CHARGES. 



Foreign Patents — Assignments — Taxes — Workings. 

Owing to the fluctuations in costs occasioned by changes in laws or 
governmental fees, the charges named in this schedule must be regarded 
as subject to change without notice. 

The charges are inclusive for the services mentioned except as stated 
TdcIow : 

Patents: The charges include the cost of preparing the specification 
artd drawings, the translation of the specification when necessary up to the 
number of words stated, the legalization of the documents when necessary 
if such documents are executed before a Notary Public and his certificate 
is attached, and the filing and prosecution of the application up to issue 
and delivery of the patent, or final rejection, (amendments, oppositions 
and appeals excepted). 

The charges named are for ordinary or average cases. Where cases 
are extremely heavy, or the drawings numerous, we will be compelled to 
make additional charges to cover extra services and costs. 

The charges named do not include the cost of amending applications 
to overcome the objections of examiners where applications are subjected 
to examination as to novelty, nor do they include the cost of meeting op- 
positions or taking appeals, which, however, are infrequent, nor the cost 
of obtaining copies of foreign patents cited as anticipations during ex- 
amination as to novelty. These are subject to separate charge. 

Terms: In ordering applications one-half of the charge must be re- 
mitted with the order, the balance to be paid upon the return to us of the 
executed papers for filing. 

Taxes: The charges named are inclusive of the government tax and 
the fees for making the payment and forwarding the official receipt ; where 
grace is taken the separate charge therefor includes the fine imposed. 

All orders and remittances for the payment of taxes must be de- 
livered in our office in ample time for payment to be transmitted to and 
made in the country in question in due time. In urgent cases where it is 
necessary to transmit the order by cable the cost of the cable and transfer 
-of money must also be paid when the order is given. 

We will not be responsible for loss, where the orders for such pay- 
ments are not received in our office in such manner. 

Workings: The charges named do not include the cost of manufacture 
or the transportation of models, customs duties, or similar expenses. They 
do include the fees of our agent and ourselves and the cost of advertising 
when necessary. 

Discounts: Where a number of applications are to be filed simultane- 
•ously, in a number of countries, we can allow a substantial discount from 
list prices. 

Estimates: We are always glad to respond to a request for a specific 
estimate of costs where a number of applications are to be filed upon the 
same invention. 

Charges for Other Countries: The charges for several of the smaller 
and less known countries which grant patent protection are purposely 
omitted from these tables. We will quote costs for such applications upon 
request. 

37 



Patents, Charge 



COUNTRY 


Charge 

for 

Application 


Term 

of 
Patent 
Years 


All 

Taxes 

Paid for 

Years 


W ords of 
Transla- 
tion 
included 


Extra 
Transla- 
tion, per 
100 words 


Assign- 
ments 
(See p. 4< 


EUROPE 
c Austria ■ 


$90.00 
60.00 

60.00 
90.00 

100.00 
90.00 
90.00 

175.00 
90.00 
95.00 
90.00 
90.00 
90.00 
80.00 
90.00 

110.00 
95.00 
75.00 

100.00 
90.00 
90.00 

150.00 

125.00 
90.00 
90.00 
90.00 
90.00 
• 150.00 

60.00 
100.00 
125.00 

180.00 
130.00 
225.00 
175.00 
130.00 
225.00 

150.00 
150.00 
175.00 
170.00 
225.00 
200.00 
225.00 
150.00 
250.00 
175.00 


15 
20 
life for. 
pat. 
15 
15 
15 
15 
14 
14 
14 
15 
15 

5 

1 

6 
15 
14 
15 
14 
15 
15 
15 
15 
20 

5 
15 
15 
15 

18 
20 
14 

14 
20 
15 
10 
10 
20 

10 
15 

15 
14 
9 
15 
10 
14 
15 
10 


1 
1 

1 
1 
1 
1 
1 

14 
4 

14 
1 
1 
5 
1 
1 
1 

14 

1 
4 
1 
1 
1 
1 
1 
1 
1 
1 
1 

6 
20 
14 

3 

20 
1 
1 
1 

10 

1 

1 

1 

7 

9 

15 

10 

14 

15 

10 


2000 
2000 

2000 
2000 
2000 
2000 
2000 

2000 
2000 
2000 
2000 
2000 
2000 

2666 

2666 
2000 
2000 
2000 
2000 
2000 
2000 
2000 
2000 

iooo 
1060 

1000 
1000 
1000 
1000 

1000 
1000 
1000 ' 

iooo 

1000 
1000 

1000 
1000 


$0.50 
.50 

.50 
.75 
1.50 
.50 
.50 

" 150 
.50 
.75 
.50 
.50 
.50 

iso 

'.'75 
.75 

.75 
.75 
.75 
.75 
.75 
.50 
1.00 

'i.'oo 

i.06 
1.00 
1.00 
1.00 
1.00 

1.00 
1.00 
3.00 

'i!66 
1.00 
1.00 

" i'.oo 
1.00 


$35.1 


c Belgium (Invention) 


27.! 


c Belgium (Importation) 


27.! 


c Denmark 


25. ( 


Finland 


35.1 


c France 


see note 


c Germany 


20. ( 


Gibraltar 


25. ( 


c Great Britain 


25.1 


Guernsey 


35. ( 


c Holland 


27.1 


c Hungary ■. 


35.1 


Iceland 


35.1 


c Italy (2) 


30. ( 


c Italy (2) 


30. ( 


c Italy (2) 


30. ( 


Jersey 


35. ( 


Luxembourg (3) 


30.( 


Malta 


35.( 


c Norway '. . 


20. C 


c Portugal 


30. C 


Roumania 


70.C 


Russia 


35. C 


c Spain (Invention) 


30.C 


c Spain (Importation) 


30. C 


c Sweden 


25.C 


c Svtdtzerland 


25.C 


Turkey 


60. C 


NORTH AMERICA 
Canada (4) 


10. C 


c Mexico 


45. C 


Newfoundland 


40. C 


CENTRAL AMERICA 

Britisb Honduras 


60.0 


Costa Rica 


60.0 


Guatemala 


110.0 


Honduras 


85.0 


Nicaragua 


60.0 


Salvador 

SOUTH AMERICA 

Argentine Republic (5) 


60.0 
30.0 


Bolivia 

c Brazil (7) 

British Guiana 


45.0 
40.0 
45.0 


Chile 


35.0 


Colombia (8) 

Ecuador 

Falkland Islands 


60.0 
50.0 
50.0 


Panama (9) 

Paraguay 


85.0 
85.0 



c Countries marked thus are members of the International Convention. 

Numbers in parenthesis in country columns refer to correspondingly numbered notes which folio 
these tables. 



38 



applications, Assignments, 



COUNTRY 



Charge 

for 

Application 



Term 

of 
Patent 
Years 


All 

Taxes 

Paid for 

Years 


Words of 
Transla- 
tion 
included 


10 


10 


1000 


9 


1 


1000 


10 


10 


1000 


7 


7 




14 


4 




14 


14 




17 


17 


iooo 


14 


4 




14 


14 




14 


3 




17 


17 




14 


4 


.... 


14 


4 




15 


15 


1000 


14 


14 





14 


14 




14 


4 


.... 


Reg 'n 




.... 


14 


4 


1000 


14 


14 




14 


4 




15 


3 


1000 


14 


4 




14 


7 


• • ■ • 


14 


7 


■ • • • 


14 


7 


.... 


17 


17 


.... 


14 


7 




14 


14 




20 


20 


2000 1 


14 


4 






14 


4 






Reg 'n 
14 


4 






14 


4 






20 


20 






14 


14 






14 


4 






15 


1 






14 


3 






14 


14 






14 


4 






14 


3 






15 


1 


2000 


14 


4 





1 14 


7 




1 14 


14 


.... 


1 14 


4 





Extra 
Transla- 
tion per 
100 words 



Assign- 
ments 
(See p. 46) 



SOUTH AMERICA (Cont'd.) 
Peru 



Uruguay 

Venezuela (10) . . . . 

WEST INDIES 

Bahamas (11) .... 

Barbados 

Bermuda 

Cuba (12) 

Grenada 

Jamaica 

Lee^Yard Islands . . . 

Porto Rico (6) 

St. Lucia 

St. Vincent 

San Domingo 

Trinidad & Tobago . 



ASIA 

British No. Borneo .... 

Ceylon 

China 

Deccan (Hyderabad) . . 

Hong Kong 

India 

Japan 

Mysore 

Xegri-Sembilan 

Pahang 

Perak 

Philippine Islands (6) 

Selangor 

Straits Settlements . . . 



AFRICA 

Belgian Congo 

British Cent. Africa. . 

East Africa Prot 

Egypt 

Gambia (British) . . . 
Gold Coast Colony. . . . 

Liberia 

Mauritius 

Nigeria 

Portuguese Colonies . 

Rhodesia 

St. Helena 

Seychelles 

South Africa (Union) 

Tunis 

Zanzibar 



AUSTRALASIA 

Australian Commonwealth 

Fiji Islands 

New Zealand 



$175.00 
150.00 
235.00 

175.00 
135.00 
175.00 
125.00 
150.00 
160.00 
225.00 
25.00 
225.00 
150.00 
200.00 
175.00 



145.00 
125.00 

75.00 
150.00 
130.00 

95.00 
100.00 
125.00 
195.00 
195.00 
195.00 

35.00 
195.00 
150.00 



100.00 
150.00 
150.00 

85.00 
135.00 
150.00 
200.00 
200.00 
250.00 

65.00 
100.00 
100.00 
195.00 

90.00 
100.00 
150.00 



125.00 

250.00 

90.00 



$1 
1 
1 



00 
00 
00 



00 



00 



1.00 

i.oo 



.50 



.50 



$60.00 
55.00 
60.00 

60.00 
50.00 
35.00 
50.00 
50.00 
50.00 
50.00 
10.00 
50.00 
50.00 
50.00 
60.00 



35.00 
40.00 
30.00 
50.00 
45.00 
25.00 
30.00 
30.00 
35.00 
35.00 
35.00 
10.00 
35.00 
40.00 



30.00 
60.00 
60.00 
40.00 
85.00 
40.00 
60.00 
60.00 
60.00 
30.00 
25.00 
45.00 
60.00 
22.50 
60.00 
60.00 



35.00 
35.00 
30.00 



Countries marked thus are members of the International Convention. 

Numbers in parenthesis in country columns refer to correspondingly numbered notes which follow 

these tables. 



39 



TAXES, INCLUDING CHARGES FOR PAYING SAME* 



COUNTRY 



YEARS 

(Amounts are in dollars and include charges for paying) 



EUROPE 

C Austria 

C Belgium 13 



C Denmark . 
Finland . . 



2nd 



C France 

C Germany 

Gibraltar 

C Great Britain. 

Guernsey 

C Hungary 

Iceland 

C Italy 2 

Jersey 

Luxembourg 3 

Malta 

C Norway 

C Portugal 

Roumania 

Russia 

C Spain 14 

C Sweden 

C Switzerland 

Turkey 



18.00 
9.50 

13.00 
13.00 



25.50 
18.25 
No t 



No t 
18.50 
No t 
14.50 

No t 
10.50 



9.50 
12.00 
17.00 
22.00 
11.50 
13.00 
12.50 
27.00 



3rd 



20.00 
11.50 

13.00 
13.00 



25.50 
30.75 
axes 



axes 
20.50 
axes 
14.50 

axes 
12.50 



10.75 
12.00 
17.00 
25.00 
13.50 
13.00 
14.50 
27.00 



4th 



25.00 
13.50 

20.00 
18.00 



25.50 
44.50 



22.50 
19.50 

14.50 



5th 



30.00 
15.50 

20.00 
18.00 



25.50 
57.00 

32.00 

24.50 

19.50 



16.50 
37.00 
13.25 
12.00 
22.00 
34.00 
17.50 
13.00 
18.50 
27.00 



6th 



NORTH AMERICA 

Canada 4 

C Mexico 

Newfoundland 



No 
No 



axes 
axes 



36.00 
17.50 

20.00 
18.00 



25.50 
69.50 

37.00 

30.00 

19.50 



18.50 
42.00 
14.50 
12.00 
32.00 
40.00 
19.50 
21.00 
20.50 
27.00 



25.00 



7th 



47.00 
19.50 

35.00 
21.00 



25.50 
82.00 

42.00 

34.50 

24.50 



20.50 
47.00 
15.75 
12.00 
32.00 
54.00 
21.50 
21.00 
22.50 
27.00 



8th 



57.00 
21.50 

35.00 
21.00 



25.50 
94.50 

47.00 

38.50 

24.50 



22.50 
52.00 
17.00 
12.00 
32.00 
66.00 
23.50 
21.00 
24.50 
27.00 



9th 



65.00 
23.50 

35.00 
21.00 



25.50 
109.50 

52.00 

42.50 

24.50 



24.50 
57.00 
18.25 
12.00 
32.00 
79.00 
25.50 
21.00 
26.50 
27.00 



10th 



75.00 
25.50 

64.00 
24.00 



25.50 
122.00 

57.00 

51.00 

29.50 



26.50 
62.00 
19.50 
12.00 
52.00 
92.00 
27.50 
21.00 
28.50 
27.00 



nth 



95.00 
27.50 

64.00 
24.00 



25.50 
134.00 

62.00 

65.00 



12th 



115.00 
29.50 

64.00 
24.00 



25.50 
147.00 

67.00 

75.00 



29.50 29.50 



28.50 
67.00 
20.75 
12.00 
52.00 
122.00 
29.50 
28.00 
30.50 
27.00 



30.50 
72.00 
22.00 
12.00 
52.00 
147.00 
31.50 
28.00 
32.50 
27.00 



25.00 



•13th 



131.00 
31.50 

92.00 
27.00 



25.50 
159.00 

72.00 

85.00 

34.50 



14th 



32.50 
77.00 
23.25 
12.00 
52.00 
174.00 
33.50 
28.00 
34.50 
27.00 



149.00 
33.50 

92.00 
27.00 



25.50 
172.00 

77.00 

95.50 

34.50 



151 



167 



92. 

27. 



25.1' 
184. 



34.50 
82.00 
24.50 
12.00 
52.00 
202.00 
35.50 
28.^0 
36.50 
27.00 



117.1 
34. 

36. 

'25. 
12; 
52.' 
232: 
37. 
28.'] 
3S. 
27.(1 



CENTRAL AMERICA 

British Honduras. . . 

Costa Rica 

Guatamala 

Honduras 15 

Nicaragua 15 

Salvador 



No t 
27.50 
Varie 
Varie 
15.00 



SOUTH AMERICA 

Argentine Republic. 

Bolivia 

Brazil 

British Guiana 

Chile... ^ 

Colombia 

Ecuador 

Falkland Islands — 

Panama 

Paraguay 

Peru 

Uruguay 

Venezuela 



19.50 
22.00 
22.00 



No 

No 

No 

No 

No 

No 

No t 

47.50 

No t 



axes 
27.50 
s fro 
s fro 
15.00 



19.50 
26.00 

26.00 



27.50 


27.50 


27.50 


27.50 


m 


27.50 


to 


67.50 


m 


27.50 


to 


67.50 


15.00 


15.00 


15.00 


15.00 



axes 

axes 

axes 

axes 

axes 

axes 

axes 

47.50 

axes 



19.50 
30.00 
30.00 



47.50 



19.50 
34.00 
34.00 



47.50 



19.50 
38.00 
38.00 



47.50 



19.50 
42.00 
42.00 



47.50 



127.50 

27.50 
per ye 
per ye 

15.00 



19.50 

46.00 

46.00 

117.50 



47.50 



27.50 
ar. 
ar. 

15.00 



19.50 
50.00 
50.00 



47.50 



27.50 



15.00 



19.50 
54.00 
54.00 



27.50 



5.00 



19.50 
58.00 

58.00 



27.50 



15.00 



19.50 
62.00 

62.00 



27.50 



27.50 



15.00 15.00 



19.50 
66.00 
66.00 



19.50 
70.00 
70.00 



27. 



15.' 



19.1 

7'i 



C Countries marked thus are members of the International Convention. 
Numbers in country columns refer to correspondingly numbered notes which follow these tables. 



40 



TAXES— Grace and Fine. (See pages 34, 36). WORKINGS, (See pages 35, 36) 



ov.prot. 
)pl'n... 



GRACE AND FINE 



3mos., ^.00 

1 mo., no fine; 5 mos., addl., $2.50 



3 mos., one-fifth added. 
3 mos., one-fifth added. 



1 mo., $1.50; 2, $2.50; 3, $3.50. . 
6 wks., no fine; 6 wks., addl., $3.00 



1 mo., $10; 2, $20; 3, $30 

30 days, no fine; 30 days addl., 
3 mos., no fine 



3 mos., no fine 

1 mo., $10; 2, $15; 3, $20 

3 mos., one-fifth added 

30 days, $3; 60 days, $5 

30 days, no fine 

1 mo., 10% addl.; 2, 25%; 3, 50% 
1 mo., $2.50; 2, $4.50; 3, $6.50. . . 

90 days, one-fifth added 

3 mos., no fine 

Before March 13th yearly 



COUNTRY 



EUROPE 

C Austria 

C Belgium 16 



C Denmark. 
Finland. . 



No grace . 



I )rn ... No grace . 



Yearly. No grace . 

Yearly. No grace . 

Yearly. No grace . 

Yearly, No grace 



,nt.... 


No grace 






nt. . . . 
.I'n... 


At present 1 yr., no fine 

6 mos., fine not stated 






























' 10... 


Yearly. No grace 



C France 16 

C Germany 

Gibraltar 

C Great Britain 

Guernsey 

C Hungary 

Iceland 

C Italy, 1 yr. term. . 16 

Italy, 6 yr. term. . 16 

Jersey 

Luxembourg 

Malta 

C Norway 

C Portugal 16 

Roumania 

Russia 

C Spain 

C Sweden 

C Switzerland 

Turkey 



T — Term vvitnin which working must 
be begun. 

S — Working must not be suspended 
thereafter longer than time 
named at any one time. 



NORTH AMERICA 

Canada 

C Mexico 

Newfoundland 



T. 3 yrs. from grant. S. 1 yr 

T. 1 yr. from commencement work 
ing elsewhere. S. 1 yr 

T. 3 yrs. from issue. S. 1 yr 

T. If marketed abroad article must 
be obtainable in Finland. Impor- 
tation sufiicient 

T. 2 yrs. from issue. S. 2 yrs 

Citizens of U. S. need not work. . . 

Not required 

T. 4 yrs. from application. S. 1 yr. 

Not required 

T. 3 yrs. from grant. S. 1 yr 

Not required 

T. 1 yr. from application. S. 1 yr.. 

T. 2 yrs. from application. S. 2 yrs. 

Not required 

T. 3 yrs. from application. S. 1 yr. 

Not required 

T. 3 yrs. from application. S. 1 yr. 

T. 2 yrs. from issue. S. 2 yrs 

T. 4 yrs. from application. S. 2 yrs. 

T. 5 yrs., subject to official inspectn 

T. 3 yrs. from grant. S. 1 year.. . . 

Not required 

Citizens of U. S. may work in U. S. 

T. 2 yrs. from application. S. 2 yrs. 



T. 2 yrs. from issue 

Not required 

T. 2 yrs. from application , 



Charge 

(See 
page 37) 



CENTRAL AMERICA 



British Honduras. 

Costa Rica 

Guatemala 

Honduras 

Nicaragua 

Salvador 



Not required 

T. 2 yrs. from registration. S. 
T. 1 yr. from grant. S. 1 yr.. 

Not required 

T. 1 yr. from grant. S. 1 yr. . 
Not required 



3 yrs. 



SOUTH AMERICA 

Argentine Republic . 

Bolivia 

C Brazil 

British Guiana 

Chile... _ 

Colombia 

Ecuador 

Falkland Islands 

Panama 

Paraguay 

Peru 

Uruguay 

Venezuela 



T. 2 yrs. from issue. S. 2 yrs 

T. 1 yr. from grant 

T, 3 yrs. from grant. S. 1 yr 

Not required 

T. Term fixed in patent-usually 2 yr 

T. 1 yr. from grant. S. 1 yr 

T. 1 yr. from grant 

Not required 

T. 1 yr. from grant. S. 1 yr 

Not usually required 

T. 2 yrs. from grant 

T. Term fixed in patent. S. 1 yr 

T. 2 yrs. from issue 



$40.00 

45.00 
60.00 



S5.00 
45.00 



50.00 



40.00 



45.00 
45.00 



45.00 



30.00 
60.00 
85.00 
60.00 
50.00 



60.00 



35.00 



60.00 



125.00 
125.00 



75.00 



60.00 

125.00 

75.00 



85.00 

60.00 

125.00 



55.00 



100.00 

125.00 

75.00 



3untrie3 marked thus are members of the International Convention. 

umbers in country columns refer to correspondingly numbered notes which follow these tables. 



41 



TAXF.S, 


INCLUDING CHARGES FOR PAYING SAIVIK. 






COUNTRY 


YEARS 


WEST INDIES 


2nd 


3rd 


4th 


5 th 


6th 


7th 


8th 


9th 


10th 


11th 


12th 


13th 


14th 


15 


Bahamas, renewal 11 












77.50 
62.50 

37.50 

32.50 

37.50 
37.50 














127.50 
112.50 


•••! 


Bafbadoes 








62.60 

27.50 

32.50 

27.50 
27.50 


62.50 

32.00 

32.50 

32.50 
32.50 


62.50 

42.00 

32.50 

42.50 
42.50 


87.50 

47.50 

42.50 

47.50 
47.50 


87.50 


112.50 


112.50 

72.50 

62.50 

72.50 
72.50 


112.50 


Bermuda 


No t 
No t 


axes 
axes 




C Cuba 


Grenada 


Jamaica 


No t 


axes 




42.50 


62.50 


62.50 


62.50 




Leeward Islands. . . . 


Porto Rico 


No t 


axes 




St. Lucia 


St. Vincent 


















C San Domingo 

C Trinidad & Tobago . 


No t 
No t 


axes 
axes 















ASIA 

British No. Borneo. . 

C Ceylon 

China 

Deccan (Hyderabad) 

Hong Kong 

India 

Japan 

Mysore 

Negri-Sembilan 

Pahang 

Perak 

Philippines 

Selangor 

Straits Settlements. . 



No t 
No t 
No't 



No t 
Not 



axes 
axes 
axes 



axes 
axes 



15.00 



32.50 

27.50 

32.50 
15.00 
37.50 



32.50 

27.50 

32.50 
15.00 
37.50 



32.50 

27.50 

32.50 
17.50 
37.50 



32.50 

27.50 

32.50 
17.50 
37.50 
52.50 
52.50 
52.50 

52.50 



32.50 

27.50 

32.50 
17.50 
37.50 



52.50 

37.50 

52.50 
20.00 

57.50 



67.50 

37.50 

52.50 
20.00 
57.50 



87.50 

37.50 

52.50 
20.00 
57.50 



87.50 

37.50 

52.50 
22.50 
57.50 



87.50 

37.50 

52.50 
22.50 
57.50 



r. 



AFRICA 

Belgian Congo 

Br. Central Africa. . 

East Africa Prot 

Egypt 

Gambia, British 

Gold Coast Colony. . 

Liberia 

Mauritius 

Nigeria 

Portuguese Colonies. 

Rhodesia 

St. Helena 

Seychelles 

South Africa (Union) 

C Tunis 

Zanzibar 



No t 
Not 



No t 
No t 



12.50 
Not 



27.50 



axes 



axes 



axes 
axes 



12.50 



axes 



27.50 
27.50 



12.50 
22.50 



27.50 



52.50 
52.50 

72.50 
72.50 



72.50 
12.50 
25.00 

57.50 



27.50 
62.50 



57.50 



72.50 
72.50 



72.50 
12.50 
27.50 

57.50 

27.50 



62.50 



72.50 
72.50 



72.50 
12.50 
30.00 

57.50 
37.50 
27.50 



67.50 



72.50 
72.50 



72.50 
12.50 
32.50 

57.50 



27.50 



72.50 
82.50 

97.50 
97.50 



97.50 
12.50 
35.00 

77.50 



27.50 
102.50 



77.50 



97.50 
97.50 



97.50 
12.50 
37.50 

77.50 
57.50 
27.50 



82.50 



122.50 
122.50 



122.50 
12.50 
40.00 

92.50 



27.50 



87.50 



122.50 
122.50 



122.50 
12.50 
42.50 

92.50 



27.50 



92.50 



122.50 
122.50 



122.50 
12.50 
45.00 

92.50 



27.50 



97.50 



122.50 
122.50 



122.50 
12.50 
47.50 

92.50 

' 27.50 



AUSTRALASIA 

C Australian C wealth 

Fiji Stands 

C New Zealand 



No t 



axes 



37.50 



37.50 
62.50 



C Countries marked thus are members of the International Convention. 
Numbers in country columns refer to correspondingly numbered notes which follow these tables. 



42 



J 



[AXES — Grace and Fine (See pages 34, 36) ♦ WORKINGS, (See pages 35, 36) 



='ayable 

from 

date of 



)pl'n... 
)pl'n... 



)prn.. 



)prn..l 
)prn... 



)pl'n. 
.pl'n^ 



.pl'n.. 
gist'n. 
.pl'n.. 
.pl'n.. 
.pl'n.. 
.pl'n.. 



.pl'n, 



pl'n. 
pl'n 



fpl'n. 
fpl'n. 



pl'n. 
pl'n. 
pl'n, 



pl'n, 
pl'n 
pl'n, 
pl'n 



GRACE AND FINE 



No grace 
6 mos., 



1 mo., $10; 2, $20; 3, $30. 
6 mos., 



mo., $10; 2, $20; 3, $30.. 
1 mo., $10; 2, $20; 3, $30. 



6 mos., $30. 



No grace. 



1 mo., $7.50; 2, $12.50; 3, $22.50. 

No grace 

1 mo., $10; 2, $15; 3, $25 

No grace 

No grace 

No grace 



No grace. 



1 mo., $25; 2, $35; 3, $50. 
1 mo., $10; 2, $15; 3, $25. 



6 mos., $60. 
6 mos., $60. 



6 mos., $60 

30 days, S3; 60 days, $5.. 
1 mo., $10; 2, $20; 3, $30. 



6 mos., $60 

1 mo., S5; 2, $10; 3, $15.. 
1 mo., S3; 2, $4; 3, vS5.... 
1 mo., $10; 2, $15; 3, $25. 



COUNTRY 



WEST INDIES 

Bahamas 

Barbadoes 

Bermuda 

C Cuba 16 

Grenada 

Jamaica 

Leeward Islands .... 

Porto Rico 

St. Lucia 

St. Vincent 

C San Domingo 

Trinidad & Tobago . 

ASIA 

Br. North Borneo.. . 
C Ceylon 

China 

Deccan (Hyderabad).. 

Hong Kong 

India 

C Japan 

Mysore 

Negri Sembilan 

Pahang 

Perak 

Philippines 

Selangor 

Straits Settlements. 

AFRICA 

Belgian Congo 

Br. Central Africa. . 
East Africa Prot. . . . 

Egypt 

Gambia, British. . . . 
Gold Coast Colony.. 

Liberia 

Mauritius 

Nigeria 

Portuguese Colonies 

Rhodesia 

St. Helena 

Seychelles 

So. Africa (Union) . . 

C Tunis 

Zanzibar 



i — Term within which working must 
be begun. 

S — Working must not be suspended 
thereafter longer than time 
named at any one time. 



Not required 

Not required 

Not required 

"Nacional" patent. 

Not required 

Not required 

Not required 

Not required 

Not required 

Not required 

Not required 

Not required 



T. 1 yr. S. 1 yr 



Charge 

(See 
page 37) 



60.00 



Not required 

Not required 

Not required 

Not required 

Not required 

Not required 

T. 3 yrs. from registration. S. 3 yrs 

Not required 

Not required 

Not required 

Not required 

Not required 

Not required 

Not required 



50.00 



Not required 

T. 4 yrs. from application. S. 1 yr. 

Not required 

Not required. . : 

Not required 

Not required 

T. 3 yrs. from grant , . . . . 

Not required 



Not required . . . , 

Not required 

Not required 

Not required 

Not required 

Not required 

T. 2 yrs. from issue. 
Not required 



S. 2 



yrs. 



65.00 



125.00 



65.00 






3 mo., $20; each addl. to 12, $4.. 
3 mos.^i\5 '.'.'.['.'.'.'.'.'.'.'. .'.'.'.'.['. 



AUSTRALASIA 

C Austral. C'wealth 16 

Fiji Islands 

C New Zealand 



T. 2 yrs. from application. S. 1 yr. 

Not required 

Not required 



35.00 



It Countries marked thus are members of the International Convention. 
J'umbers in country columns refer to correspondingly numbered notes which follow these tables. 



43 



Notes Referred to in Schedule of Charges. 

1. France, Assignments. The French law is pecuHar in that it re- 
quires the payment of all taxes for the full term of the patent before an 
assignment of the latter can be recorded. The cost of recording a regular 
assignment is therefore high. The expense can be estimated by taking 
$ioo as the cost of preparing, filing, and paying the fees in connection 
therewith, adding to this sum $20 for each year of the unexpired term of 
the patent. 

Another method of assignment sometimes employed is the pre- 
paration and execution of what is termed a notarial assignment, where- 
in the parties nominate and appoint an attorney with full power to execute 
and record the formal assignment. These documents, properly executed 
and legalized, are held ready for use as occasion demands. The charge for 
notarial assignments is $25. 

2. Italy. Patents are issued in this country for terms of from i to 15 
years : what is called a term tax amounting to about $2.50 must be paid on 
appUcations for each year of the term for which the patent is asked for. 
Short term patents may be extended by one or more prolongations to the 
full term of 15 years. The cost of such prolongations is usually $50, to 
which must be added the amount of the next annual tax, which must be 
paid when prolongation is requested. 

Patents of importation are also granted for the unexpired term of 
a prior foreign patient, but not to exceed 15 years in all. The terms and 
formalities are the same as for other patents. 

J. Luxembourg. Steps are being taken for a customs union between 
this country and Belgium similar to that which existed with Germany be- 
fore the war. It is therefore advisable to secure and maintain both patents 
together. 

4. Canada. Patents are granted for 18 years, but partial fees for 6 
or 12 years may be paid. It is usual to pay a partial fee of $20 on filing 
the application; $20 during and before the expiration of the sixth year; 
and $20 during and before the expiration of the twelfth year. Our charge 
for attending to the later payments is $5.00 each. 

5. Argentine Republic. Patents are issued for either 5, 10 or 15 
years. The charge quoted in schedule is for a 10 year patent. The charge 
for a 5 year patent is $100, and for a 15 year patent $180. 

6. Porto Rico — Philippines. Protection may be obtained by the 
deposit of a copy of the U. S. patent. 

7. Brazil. The charge for extra translations also includes the cost of 
the required publication of the entire specifications and claims in the 
Diario Oficial. 

44 



8. Colombia. Patents are granted for 5, 10, 15 and 20 years. The 
charge in the schedule is for a 15 year patent. The charge is $150 for a 
5 year; $175 for a 10 year; and $250 for a 20 year patent. 

p. Panama. Patents are granted for 5, 10, 15 and 20 years. The 
charge in the schedule is for a 15 year patent. The charge is $175 for a 
5 year; $200 for a 10 year; and $300 for a 20 year patent. 

10. Venezuela. Patents are granted for 5, 10 and 15 years. The 
charge in the schedule is for a 10 year patent. The charge is $175 for a 
5 year, and is $300 for a 15 year patent. 

11. Bahamas. Patents may be extended for two similar terms of 
7 years each upon timely application being made. 

12. Cuba. The inventor, or his assignee if he presents a proper 
assignment, may apply for a "Nacional" patent. The owner of a prior 
foreign patent, who may be the assignee of the inventor, may apply for 
the revalidation of a foreign patent in the country. 

75. Belgium — Taxes. The inclusive charge for the sixteenth year is 
$37-5o; seventeenth, $39.50; eighteenth, $41.50; nineteenth, $43.50; 
twentieth, $45.50. 

14. Spain — Taxes. The inclusive charge for the sixteenth year is 
$39-50 5 seventeenth, $41.50; eighteenth, $43.50; nineteenth, $45.50; 
twentieth, $47.50. 

75. The taxes in Nicaragua and Honduras are fixed by the govern- 
ment at the grant of the patent. 

16. Workings in Convention Countries. Although the periods of time 
fixed by the laws of a number of countries is less than 3 years, owing to 
the provisions of the Convention, patents in these countries cannot be de- 
clared invalid for non-working provided working is commenced within 
the three year period. In the workings table we have named the period 
of time fixed by the local law in each country. 

Marking of Patent Articles. 

Patented articles are required to be marked in the following countries : 
Australian Commonwealth ("Patented," followed by date and number), 
Canada ('Tatented," followed by year), Great Britain ("Patented," fol- 
lowed by number and year), Japan ("P. No. "), Nicaragua ("Patenta- 

do," followed by number and date), Salvador (Patentado," followed by 
number and date), Switzerland (The Federal Cross and number of 
Patent). 

Marking is optional in the following countries, the usual mark being 
given after the name of each country: 

Argentine Republic — Patentado (number, date) ; Austria — O. P. 
Nr. . . . ; British Honduras — Patented (number, date) ; Belgium — Brevet 
beige No. . . . ; Belgian Congo — Brevet Congolais No ; Bolivia — Pat- 
entado (number, date) ; Colombia — Patentado (number, date) ; Derir- 
mark — Dansk Patent No. . . . ; Fiji Island — Patented (number, date) \Fin- 
land — Patent No. . . . ; France — Brevete S. G. D. G. ; Grenada — Patented 
(year); Germany — D. R. P. No. . . . ; Guatemala — Patentado (number. 



date) ; Hungary — . . . sz. magyar kir. szabadalon ; India — Patented (date) 

Italy — ; Luxembourg — Pat. Luxbg. No 

Leezvard Islands — Patented (date) ; Malta — Patented (number, date) 
Mexico — Patentado (number, date) ; Mauritius — Patented (date) ; Nor- 
way — N. P. No'. . . . ; Newfoundland — Patented (year) ; Nezv Zealand — 

Patented (date, number); Peru — Patente No Peru; Portugal — 

Privilegiado Pat. No....; Rhodesia — Patented (date, number); Rou- 

mania — Brevet de inventiune Regal Roman No fara garantia guver- 

nulni; Russia — Patented in Russia No ; Spain — Patentado (number, 

date); Sweden — Patent; Trinidad and Tobago — Patented (number, 
date) ; Tunis — Brevete sans garantie du governement tunisien ; Turkey — 
B. S. G. D. G. ; Uruguay — Patentado (number, date) ; Venezuela — Pat- 
entado (number, date). 

Copies of Patents. 

Printed Copies. These can be obtained in the countries named be- 
low, and we can procure and furnish such copies at the prices stated : 

Austria 75 cents each Hungary 75 cents each 

Denmark 75 " " Norway 75 " 

France 50 " " Russia 75 *' " 

Germany 50 " '' Sweden 75 " " 

Great Britain 25 '' " Switzerland 50 " " 

Unprinted Copies. These can be obtained at the cost of having the 
drawings and specifications prepared by hand ; we can obtain and furnish 
them upon request. 

Assignments of Patents. 

All documents in connection with assignments or agreements which 
affect the ownership of the patent or rights thereunder must be drawn in 
strict conformity with the requirements of the law and practice in the 
different countries, and should be presented for record with as little de- 
lay as possible after execution. 

We can prepare and furnish all such documents upon request and 
when supplied with the necessary information. The original patent 
deeds should be forwarded to us wherever possible, with the instructions. 

Further Information. 

Further or more specific information with regard to the law and 
practice in any country or countries will be supplied upon request. 

RICHARDS & GEIER, 

277 Broadway New York, N. Y. 



46 



INDEX 
UNITED STATES PATENTS 



Schedule of Charges . 3-4 

Law, The 4 

Who May Obtain Patent 5 

AA'hat May Be Patented 5 

Date and Term of Patent 6 

Preliminary Examinations as to Novelty 6 

Application for Patent 6, 7 

Procedure in Patent Office 7 to 1 1 

Interferences 11 to 15 

Reissues 15 to 17 

Appeals 17 to 19 

Disclaimers 19 

Infringements 20, 21 

Infringement Suits 21 to 24 

Validity Searches 24, 25 

Marking Patented Articles 25 

Penalty for False Marking 25, 26 

Interfering Patents 26 

Assignments — Grants — Licenses !. . 26, 27 

Design Patents 27, 28 



47 



INDEX 



FOREIGN PATENTS 



Importance of Foreign Patents 28 

Comparison of Practice 29 

Who May Apply for Patent 29, 30 

Novelty Required 30, 31 

When Application May be Filed 3i> 32 

International Convention 32 

Examination of Applications 32 

Patents of Addition 33 

Provisional Protection 33 

Inventions Communicated from Abroad 33 

Gebrauchsmuster (Useful Models) 33> 34 

Oppositions 34 

Compulsory Licences 34 

Taxes 34, 36, 40 to 43 

Workings 35» 3^, 41 to 43 

Canada — Importation 36 

Tax and Working Notices 36 

Schedule of Charges 37 to 43 

Charges, Applications, Assignments 38, 39 

Charges, Taxes 40 to 43 

Charges, Workings 41, 43 

Notes to Schedule of Charges 44, 45 

Marking Patented Articles 45 

Copies of Patents 46 

Assignments of Patents 3^, 39, 46 



48 



LIBRARY OF CONGRESS 

iiiliiiiillllllli 

019 973 387 4 



